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(영문) 수원지방법원 2015.11.18 2015노4957
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (seven months of imprisonment) is too unreasonable.

2. Considering the fact that the Defendant was aware of and against the commission of the crime, that the Defendant paid KRW 17 million to the victims as interest, and that there was no record of criminal punishment before the commission of the crime in this case, the lower court stated the Defendant’s deception of the victim B in total amount of KRW 40 million and KRW 80 million in total by deceiving the victim K and deceiving the victim K in total of KRW 40 million, but it appears that the reasoning for sentencing of the lower judgment was clearly erroneous.

In light of the circumstances of the crime, method and content, and scale of damage, etc., the crime is not good, the victim is not agreed with the victim to the trial, and the defendant does not take any specific measures to recover damage other than the amount obtained by the victim as interest. In full view of all other circumstances that form the conditions for sentencing, such as the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

3. Therefore, 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 groundless. It is so decided as per Disposition

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