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(영문) 의정부지방법원 2014.09.24 2014노1155
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. A favorable circumstance for the defendant exists, such as the fact that the defendant led to the confession of each of the crimes in this case and stated that they are repented, and that the defendant has no record of special punishment, excluding one time before and after a fine due to the violation of the Labor Standards Act.

On the other hand, there are circumstances unfavorable to the defendant, such as the fact that the defendant committed the crime of fraud repeatedly against many victims, the amount of damage is considerably high to KRW 378 million, the amount of check that the defendant did not receive as a disposition of suspension of transaction, and the amount of check is KRW 250 million, which has not been recovered at all until now, the victims of fraud want to be punished by the defendant, and the defendant appears to have not recovered from the country around June 20, 202 after leaving China for about 10 years after leaving China, and the defendant's living abroad for the escape of 10 years abroad, and the damage has not been recovered at all.

In full view of the above circumstances and the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive and background of each of the crimes of this case, means and consequence, circumstances after the crime of this case, criminal record and family relation, etc., the sentence imposed by the court below is reasonable and unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

(However, since it is obvious that the "agreement" in the column No. 9 of the attached Table 1 of the judgment of the court below is a clerical error, it shall be corrected to delete it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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