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(영문) 의정부지방법원 2016.10.20 2016노2077
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. Determination is recognized that the Defendant’s return of the number of units and promissory notes received from the victim H to the above victim, the delivery of partial miscellaneouss to the victim H, there are no criminal records of the same kind, and there are family members to support.

However, the loan fraud of corporate purchase fund is abuse of the weak point of the system, and it is not good to commit such crime, and the amount of fraud is also large.

The defendant did not agree with the victims to take part in the trial.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be too unreasonable.

Therefore, the defendant's 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 ground that it is without merit. It is so decided as per Disposition.

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