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(영문) 서울중앙지방법원 2015.03.27 2014노4545

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have obtained money by deceiving the victim as stated in the judgment of the court below.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. According to the evidence duly adopted and investigated by the court below, the evidence that the court below duly adopted and investigated, especially D's investigative agency that can recognize credibility, and the statement at court of the court below, the defendant can sufficiently recognize the fact that he/she acquired money by deceiving the victim as stated in the judgment below.

Therefore, Defendant’s assertion is without merit.

B. The defendant is old, and there is no other criminal record except punishment on one occasion around 1965.

However, the amount of the fraud of this case is not small, but it has not been restored until now.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, Defendant’s assertion is without merit.

3. As such, 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