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(영문) 창원지방법원 2015.07.23 2015노1274
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the Defendant recognized the instant crime and against the mistake, and that the victim collected KRW 8,281,290 by seizing the Defendant’s benefit claim against the Defendant.

However, in full view of the following circumstances: (a) the crime of this case was committed by the Defendant by deceiving the victim and deceiving the victim, the amount of damage is high; (b) most damage has not been recovered; and (c) the Defendant committed the crime of this case even though there was the past record of punishment for the same criminal act (4 times of fine: the suspension of execution of imprisonment: 3 times); and (d) the Defendant committed the crime of this case; (b) the balance with the criminal punishment for other crimes similar to the crime of this case; (c) there is no special circumstance or change of circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and (d) other circumstances that are conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, character, conduct, occupation and environment, family relationship, the circumstances and results of each of the crimes of this case; and (e) circumstances after the crime, etc.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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