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(영문) 창원지방법원 2020.01.08 2019노1957
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., a fine of three million won) by the lower court are too unreasonable.

2. The lower court rendered a sentence by comprehensively taking account of the following factors: (a) the content and degree of deception, and the fact that the Defendant had no criminal history, other than a sentence of a fine imposed once; (b) the amount of deception is not specified in the circumstances favorable to the Defendant’s failure to recover from damage until now; and (c) other factors of sentencing, including the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, etc.

The grounds for unfair sentencing alleged by the Defendant appear to be the circumstances that the lower court had already taken into account when determining the Defendant’s punishment. The lower court’s punishment is reasonable within the reasonable scope of discretion, and there are no circumstances suggesting that the said sentencing conditions have been changed in the appellate court.

Therefore, the defendant's assertion cannot be accepted, since the court below's punishment is too heavy.

3. As such, 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.

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