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(영문) 춘천지방법원 강릉지원 2017.11.02 2017노230
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of execution of two years, the observation of protection and the community service hours of 80 hours) is too unreasonable.

2. The judgment of the court below is a favorable condition to the defendant, such as the fact that the defendant repents his mistake and reflects his mistake, and that the damaged person wants to find the defendant's wife in the trial by agreement with the victim.

On the other hand, as the defendant can immediately obtain permission for development and mountainous district conversion, the defendant receives money for the purpose of investment by deceiving the victim.

Not only a lot of damages amounted to KRW 15.3 million, but also most profits from crimes have been enjoyed by the defendant.

The Defendant has been sentenced one time to a fine due to the crime of fraud and one time to a suspended sentence, and again committed the instant crime during the suspended sentence period.

In addition, considering the various sentencing conditions shown in the records and arguments, such as the age, character and environment of the defendant and the circumstances before and after the crime, the sentence of the court below against the defendant 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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