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(영문) 서울동부지방법원 2015.07.16 2015노562

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (4 million won of a fine) is excessively unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant led to the confession and reflect of all of the instant crimes, and that the Defendant agreed with the victim.

On the other hand, even though the defendant had been sentenced to punishment for the same crime, he again commits the crime of this case, the damage amount from the crime of this case to the amount of 40 million won, and the agreement with the victim, but the actual damage recovery was not made even though it was agreed with the victim, etc., which are disadvantageous to the defendant. Considering the above circumstances and other factors, taking into account all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's sentence is too unreasonable.

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.