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(영문) 서울동부지방법원 2014.05.02 2014노126

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment sentenced by the court below to the defendant (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. The judgment was made in depth and against the defendant's mistake; the defendant paid 30 million won to the victim and agreed to pay 6 million won to the victim in full at the court below; the defendant paid 6 million won additionally thereafter; the defendant has no criminal records except for those punished by violating the Punishment of Violences, etc. Act in 1994; however, there are some favorable circumstances for the defendant; however, the court below had already determined the punishment by considering most of such circumstances; and other unfavorable conditions such as the motive, means and result of each of the crimes of this case, the total amount of money acquired through each of the crimes of this case is not at least 48 million won, and other conditions of sentencing indicated in the records such as motive, means and result of each of the crimes of this case; the situation after the crime; the defendant's age, character and conduct, intelligence and environment; even if considering the result of the application of the sentencing guidelines of the Sentencing by the Supreme Court, the defendant's above assertion cannot be accepted as being too unreasonable.

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

[However, since it is clear that "D" under Article 25 of the Criminal Procedure Rule is an erroneous entry of "F", it shall be corrected in accordance with Article 25 of the Rules on Criminal Procedure]