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(영문) 서울북부지방법원 2013.10.18 2013노1046

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is based on the following facts: although the defendant is against the confession of the crime of this case, the crime of this case is not less vulnerable to the defendant's disposal of goods supplied by the victim as a member of the business of the victim company by himself in a place other than a customer; the amount of damage of this case is the maximum amount; the defendant did not reach an agreement with the victim; the defendant has the records of punishment for the same kind of crime; and other circumstances, such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and consequence of the crime; the defendant's motive or consequence after the crime; and the sentencing guidelines of the Sentencing Commission of the Supreme Court are taken into account, the sentencing of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

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.