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(영문) 수원지방법원 2014.09.18 2014노575
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant (the imprisonment of eight months, the suspension of the execution of two years, and the community service order 120 hours) is too unreasonable.

2. Determination takes into account the following factors: (a) the Defendant’s mistake is divided; (b) the agreement is reached with the victim; and (c) the punishment of a fine is imposed for each of the crimes in 192 and 2005 and there are no other criminal records; (b) the Defendant, by deceiving the victim in trust relationship, has committed the instant crime; and (c) the amount of the defraudation is a maximum amount of 68 million won; and (d) other factors on the records and arguments of the instant case, including the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed to be heavier.

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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