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(영문) 서울북부지방법원 2020.09.24 2020노850

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The Defendant, in the first instance trial, reversed the statement of denial up to the lower court, and led to the confession of his crime and repent of his mistake, and there is no criminal record exceeding the fine, and there is a favorable condition for the Defendant.

However, the crime of this case was committed in around 2009, and the amount of the fraud was too large, and even after 10 years have passed since the crime was committed, the victims have not yet been recovered from damage, and the victims have not been able to receive any letter, and the defendant's attitude is not good. Although the defendant was absent before he was detained in the court, even though he was led to confession in the court, he did not go against his intention to deny his own crime within the court below, and there is no change in the circumstances to change the sentencing of the court below other than the confession of the defendant after the sentence of the court below. In full view of all the sentencing conditions including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment imposed by the court below cannot be deemed unfair.

Therefore, the defendant's assertion is without merit.

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

(However, according to Article 25(1) of the Rules on Criminal Procedure, "a summary of evidence" of the judgment of the court below shall be corrected to add "a summary of evidence" to "a summary of the court hearing of the defendant" and "a statement of the court court of the defendant in the next order of 2017 Godan4271" and "1."

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