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(영문) 수원지방법원 2017.01.13 2016노5340
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant confessions the crime of this case and reflects his mistake, that there is no record of punishment for the same kind of crime, that the state of health seems to be relatively good, and that up to the time of 2009, he paid the principal and part of interest to the victim with the amount of the principal of KRW 10 million. However, on the other hand, the defendant by deceiving the victim and by deceiving the victim three times, and by deceiving the victim with the sum of KRW 86.5 million, he shall repay the money obtained by deception as soon as possible in the court below.

C. In light of the following circumstances: (a) even if a person was subject to statutory detention, there is no circumstance that the court below agreed with the victim or endeavored to recover from damage until the trial was held; (b) the reason for sentencing of the court below is reasonable and the judgment of the court below was rendered in the first instance trial; and (c) there is no special circumstance to change the sentence of the court below; and (d) the defendant’s age, sexual conduct, intelligence and environment, motive and background of the crime, means, methods, methods and results of the crime; (c) the circumstances before and after the crime was committed; and (d) the criminal history before and after the crime was committed; and (e) the case where the crime of receiving bribe for which the judgment became final and conclusive on June 10, 2010 is deemed unfair because the sentence of the court below is too excessive and it is not recognized that the defendant

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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