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(영문) 창원지방법원 2015.01.14 2014노2472
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The crime of this case is a circumstance favorable to the defendant, such as that the defendant deceivings the victim as stated in the facts constituting the crime of this case, thereby deceiving him a total of KRW 20 million from the victim, and that the defendant acknowledges the crime of this case and reflects the mistake, and that there is no record of punishment for the same crime of this case.

However, in full view of the following circumstances: (a) the victim did not repay the amount of damage to the victim or did not agree with the victim; (b) the court below appears to have determined the punishment by fully considering the circumstances favorable to the defendant; and (c) there was no change of circumstances that could vary from the original judgment and the punishment; (d) the result of the application of the sentencing guidelines by the Sentencing Committee (the scope of recommending punishment: between June and June); and (e) the defendant’s age, character and conduct, environment, background, means and consequence of the crime; and (e) other various circumstances that form the conditions of sentencing specified in the records and arguments of the case, such as

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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