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(영문) 창원지방법원 2016.09.22 2016노1310
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. In light of the judgment, the fact that the defendant led to the confession of the crime, and that there was no criminal record exceeding the same kind of criminal record or fine is a favorable reason for sentencing, and that the total amount of fraud reaches about KRW 90 million, and that the damage was not recovered, and that the victim wanted to be punished by the strict punishment of the defendant, is an unfavorable reason for sentencing.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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