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(영문) 수원지방법원 2013.07.04 2013노1978
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Although considering the fact that the defendant recognized the crime of unfair sentencing by the defendant as to the defendant's assertion of unfair sentencing, the defendant's mistake is against his own mistake, the equality between the case and the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, and the victim's amount paid from the defendant under the name of interest or profit, etc. is up to 68270,000 won, the court below seems to have sufficiently taken such favorable circumstances into account in sentencing, and there is no change in circumstances that the court below would reduce it again at the trial. In particular, considering the fact that the defendant did not deposit or arrange some money for the victim's agreement or recovery from damage until the trial, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, family environment, the process and amount of the crime, and the circumstances before and after the crime, etc., the imprisonment (10 months) of the court below shall be proper and too unreasonable.

2. In conclusion, 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.

(However, the "criminal facts" of the fifth sentence is a clerical error in the amount of KRW 5 million in the amount of KRW 5 million in the amount of KRW 500,000 in the amount of KRW 5 million in the amount of KRW 500,000 in the amount of KRW 5 million in the amount of KRW 5 million, and the fifth sentence is a clerical error in the amount of KRW 500,000 in the amount of KRW 5 million in the amount of KRW 5 million in the amount of KRW 5 million in the amount of KRW 5,00 in the amount of KRW 5 million in the amount of KRW 5,00,000 in the amount of

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