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(영문) 의정부지방법원 2020.10.15 2020노1201
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The defendant shows his attitude to reflect in depth the error.

It repaid KRW 70 million out of the amount of fraud fraud fraud.

The defendant's health is not good due to cancer diagnosis.

On the other hand, when the defendant was accused of fraud from the victim, the defendant altered the balance certificate, etc. of the bank and exercised it in the police investigation process.

The defendant has already been punished several times, including the sentence of punishment due to the crime of fraud, fabrication of private documents, and the crime of uttering of a falsified document.

Furthermore, most of the criminal crimes were committed during the period of repeated crime, and the crime of this case was committed during the period of suspended execution for the same kind of crime.

In addition, even if considering the defendant's age, living environment, motive and background of the crime, circumstances after the crime, relationship with the victim, criminal records, and the sentencing guidelines of the Supreme Court as stated by the court below, the sentence of the court below is too unreasonable.

The Defendant’s assertion of unfair sentencing is difficult to accept.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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