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(영문) 수원지방법원 2016.07.21 2016노2514
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment that the defendant recognized the crime of this case, that the defendant paid approximately KRW 54 million to the victim E as interest for the loan before the prosecution of this case, that the defendant did not have any record of criminal punishment other than fine for the same crime, that there was no record of criminal punishment for other crime, and that the defendant's family wants to take the action against the defendant, which is favorable to the defendant.

However, even though the money that the defendant acquired by deceiving the victim exceeds 295 million won, the amount of punishment by the court below is too unreasonable in light of the following factors: (a) the victim did not recover the damage properly up to the time; and (b) the victim appears to have filed a petition for bankruptcy and been subject to criminal punishment without paying the repayment; (c) the defendant has the history of receiving a fine for fraud; and (d) other various sentencing conditions such as the defendant's age, sexual behavior, environment, family relation, etc., it cannot be deemed that 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. It is so decided as per Disposition.

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