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(영문) 서울동부지방법원 2015.03.19 2014노1773

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (e.g., in a case where the Defendant received a demand for the repayment of the borrowed money, and the Defendant’s operation of the funds by the method of return was caused to the instant case, and its mistake was recognized and divided, the victims are making efforts to agree with the victims, and the Defendant is liable for the livelihood of the wife of de facto marriage and the 1 South and North 1st knives, etc., the imprisonment with labor for one year sentenced by the lower court against the Defendant is too unreasonable.

2. Considering that the defendant's judgment on the grounds for appeal is merely 30,500,000 won in total, even though the above circumstances are considered, the defendant has already been punished by the suspension of the execution of imprisonment or a fine through several times; in particular, one year and six months of imprisonment due to the crime of receiving more than a total of 200,000 million won from many victims, the defendant was released during the execution of the sentence and committed again during the period of repeated crime after the parole period passed on November 12, 201, and was released during the period of repeated crime after the parole period passed; this case also took money by deceiving many victims in various ways; the nature of the crime is inferior; the damage is not completely recovered; the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc.; the judgment of the court below against the defendant is appropriate, and it is not unreasonable to deem that the judgment of the court below is inappropriate.

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.