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(영문) 서울중앙지방법원 2015.04.23 2015노660

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. In full view of the following circumstances, the Defendant’s judgment as to the grounds for appeal appears to have led to a final judgment that led to a confession and reflect of the crime; the Defendant remitted KRW 23 million out of KRW 50 million from the victim to the Co-Defendant B of the lower judgment; and there are circumstances that can be considered in light of the circumstances, such as equity in the case where the Defendant was tried with the judgment that became final and conclusive; however, considering the following circumstances, the Defendant’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is uneasible and unreasonable.

The defendant committed the crime of fraud of this case jointly with B does not have any part of the defendant's name to recover the damage even if the amount of damage was 50 million won.

The judgment below

There is no change in the special circumstances or circumstances that can be newly considered in sentencing after the sentence.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

(However, the references to criminal records in the summary of the evidence of the judgment of the court below shall be deleted)