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(영문) 의정부지방법원 2017.06.26 2017노526
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the imprisonment of eight months, the suspension of the execution of two years, and the community service hours of 80 hours) is too unreasonable.

2. The conclusion that the Defendant actually acquired the benefits does not much exceed the amount of fraud, and confessions the crime, and the fact that the court below agreed with the victim is favorable to the Defendant.

However, considering the fact that the amount acquired by the defendant together with his accomplice reaches 60 million won, the damage has not been recovered for a long time, and other various sentencing conditions in the records, such as the circumstances and results of the crime, the circumstances after the crime, and the criminal records of the defendant, the sentence of the court below is too unreasonable.

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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