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(영문) 서울중앙지방법원 2018.05.29 2017노4371

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the amount of deceitation of each of the crimes of this case is not so big that the victims are not recovered; (b) some of the defraudeds are used for personal purposes, such as repayment of the existing loan money, entertainment expenses, school expenses for children, etc.; (c) several times of criminal punishment; (d) the Defendant’s age, sex, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc.; (e) the Defendant’s health is not good; and (e) considering the circumstances favorable to the Defendant, such as the fact that the lower court’s judgment has become final and conclusive and the concurrent crimes after Article 37 of the Criminal Act should take into account at the same time with the case of concurrent crimes, it is not recognized that the punishment of the lower court is unfair because it is excessively

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