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(영문) 의정부지방법원 2016.08.23 2016노1224
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 2.5 million won) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession and reflect of the instant crime, and that the crime of fraud, which became final and conclusive in the judgment of the court below, and the crime of this case, are in the relation of concurrent crimes of a group after Article 37

B. However, in full view of the following circumstances: (a) the Defendant was punished for fraud 27 times; (b) did not agree with the victim; (c) did not recover damage; and (d) reduced the fine amount of the summary order from KRW 3 million to KRW 2.5 million by taking account of the circumstances alleged by the Defendant in the lower court; and (b) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime, and circumstances after the crime, even if considering the above circumstances favorable to the Defendant, the lower court’s punishment is too too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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