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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2012.12.13 2012노4669
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Considering the gist of the grounds for appeal: (a) the Defendant led to confession and reflects the instant crime; and (b) the Defendant paid out KRW 170 million out of KRW 250 million borrowed from the victim, the lower court’s punishment against the Defendant is too unreasonable.

2. Determination: (a) the Defendant divided and reflected the instant crime; (b) the Defendant paid approximately KRW 170 million out of KRW 250,70,000,000 borrowed from the victim before the instant indictment; (c) the Defendant’s children decided to recommend settlement including the Defendant’s payment in installments to the victim on April 20, 2012; and (d) it became final and conclusive around that time (Usu District Court Decision 2012No434, Jun. 3, 2009; (b) the Defendant did not appear to have been aware of the fact that he was sentenced to a suspended sentence of 6 months on September 3, 2009 and was under a suspended sentence of 250,70,000,000,000 prior to the instant indictment; (d) the Defendant’s children agreed to pay damages to the victim; and (e) the Defendant did not appear to have been able to have paid the Defendant the same amount of money to the Defendant, including the Defendant’s motive to the Defendant’s imprisonment before the prosecution.

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.

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