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(영문) 춘천지방법원 강릉지원 2015.11.05 2015노440

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. The circumstances are favorable, such as the fact that the defendant recognized the crime and reflects it, the fact that the defendant would have paid a certain card of 20 million won or more, the fact that the defendant later surrendered to the investigation agency, and that the defendant has no criminal record or criminal record of the same kind.

However, in full view of the following factors: (a) the nature of the instant crime is bad, such as the Defendant’s receipt of the victims’ card by taking advantage of his employment; (b) the total amount of damage did not yet have been recovered from damage; and (c) the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence of the instant crime; and (d) various sentencing conditions indicated in the instant case, including the circumstances before and after the instant crime, the lower court’s punishment determined within the scope of the sentencing guidelines is too excessive and cannot be relieved from destruction

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.