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(영문) 서울중앙지방법원 2015.12.17 2015노3957

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. Although there are no circumstances to consider the circumstances, such as the fact that the defendant is against the judgment on the grounds of appeal, the fact that there is no criminal record for the same kind of crime, and the fact that there is a family member to support, the amount of defraudation of this case is KRW 92 million and the considerable part of the damage recovery has not been made, the court below seems to have determined the punishment in consideration of the circumstances favorable to the defendant, and there are no special circumstances or circumstances newly considered in the sentencing after the sentence of the court below, and there are no changes in the circumstances that may be newly considered in the sentencing after the sentence of the court below, and other various circumstances that are the conditions of the argument and sentencing in this case, including the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime

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