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(영문) 서울동부지방법원 2015.12.30 2015노1391

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant committed a crime in the first instance and commits a crime against the wrongness of the Defendant. It is recognized that there was no criminal record sentenced to imprisonment prior to the instant case, that there was an agreement with the victim only, that long-term detention of the Defendant could lead to a difficult situation with his dependants.

However, in full view of the following circumstances: (a) the amount of damage reaches KRW 100 million; and (b) the amount of damage would have been deemed to have not been recovered even after the lapse of eight years after the crime was committed; (c) the court below determined the punishment by taking into account the equity in the case where the first head of the crime stated in the judgment in the judgment at the same time as the crime was adjudicated; and and (d) other various circumstances that are conditions for sentencing, such as the Defendant’s age

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.