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(영문) 수원지방법원 2017.11.03 2017노5651
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The fact that the Defendant made a confession of all the facts charged in the instant case at the time of the trial, and his mistake is divided, and that the Defendant is not good in economic circumstances, and that it seems that the health is not good, is favorable to the Defendant.

On the other hand, the following facts are disadvantageous to the defendant.

The defendant has a record of criminal punishment for the same crime several times, and in particular, the defendant committed each of the crimes of this case without being aware of during the period of probation.

The crime of fraud of this case is a case of deceiving a number of victims and deceiving about KRW 181 million in total, and it is not good that the crime is committed in light of the frequency of the crime, the amount of damage, etc.

However, the defendant did not recover most of the victims, and did not receive a letter from the victims.

In addition, comprehensively taking account of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, relationship with victims, etc., the lower court's punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. 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 for conclusion is without merit.

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