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(영문) 의정부지방법원 2019.06.28 2019노509
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The lower court determined the sentence by taking into account the circumstances described in the grounds for sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

In the first instance court, the Defendant agreed with E, the victim of the instant crime 2018 Godan5159. However, in light of the fact that the Defendant did not agree with the victim B, the victim of the instant crime, and that the defrauded amount did not recover from damage even though it was reasonable, there was a history of punishment several times due to the fraud, and the result of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court, it cannot be deemed that the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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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