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(영문) 의정부지방법원 2016.06.21 2016노1007
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects it, and that the equality with the case should be considered at the same time in relation to the relation between fraud for which the judgment of the court below became final and the concurrent crimes after Article 37 of the Criminal Act.

B. However, in full view of the following circumstances: (a) the Defendant deceptioned the victim by repeatedly the same method and acquired the amount exceeding KRW 50 million in total from the victim; (b) the nature of the crime was not good; (c) was not agreed with the victim; (d) the Defendant did not recover from the damage; (c) the Defendant escaped before and after the judgment of the lower court was rendered; (d) there was no special change in circumstances after the decision of the lower court was rendered; and (e) other circumstances that are conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime, and circumstances after the crime, even if considering the above circumstances favorable to the Defendant,

Therefore, the defendant's above 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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