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(영문) 창원지방법원 2012.12.14 2012노1492
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of KRW 2,00,000 (fine 2,000) is too unreasonable.

2. Although there are no circumstances that can be considered in light of the circumstances, such as the confession of the Defendant of the instant crime, the fact that the amount of defraudation is not significant, and the repayment of part of the amount of defraudation, etc., the Defendant has been punished several times of the same kind of crime in the past, the Defendant appears to not only to have reached an agreement with the victim up to the trial, but not to make any effort to recover damage, and in full view of the balance between other similar cases and sentencing, the Defendant’s age, character and conduct, intelligence and environment, and all of the sentencing conditions of the instant case, including the motive and circumstance of the instant crime, etc., it is difficult for the lower court to deem that the above sentence is too unreasonable, and therefore, the Defendant’s above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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