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(영문) 서울동부지방법원 2014.06.12 2014노423

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not pay the purchase price because he/she purchased a sofacing machine and attempted to enter the construction site. Since he/she did not participate in the subsequent disposition, he/she did not gain personal benefits because he/she did not participate in the sofacing machine, and he/she committed the instant crime in depth while living a prison life. Thus, the punishment sentenced by the court below (one year and four months of imprisonment) is too unreasonable.

2. The facts charged are recognized after the defendant was prosecuted, and the crimes of this case are divided, and the sentencing is able to be taken into account, such as having no same criminal record.

However, the degree of the defendant's participation in the crime is more larger than E, an accomplice, such as paying down payment in purchasing sofacsing machines, and the degree of the defendant's participation in the crime, such as direct acceptance of sofacsing machines.

In full view of the following circumstances: (a) a bond company, in which the identity of the principal liability is not verified, was handed over to a bond company or an accomplice E registered as the representative of the farming corporation; (b) the amount of damage to the victim and the recovery of damage was almost not performed; (c) an accomplice E was sentenced to imprisonment with labor for a year and two months; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, circumstances before and after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable to the extent that the sentence imposed by the court below should be reversed.

Defendant’s assertion is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.