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(영문) 서울중앙지방법원 2016.09.01 2016노2084

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the court below is too unreasonable.

2. Although there are favorable circumstances such as the fact that the amount of fraud through the crime of this case is not so significant, the fact that there is a history of punishment of fine due to the crime of fraud of a similar veterinary method, the fact that the victim did not completely recover damage, and the motive, means and result leading to the crime of this case, the situation after the crime, the age of the defendant, character and behavior, environment, etc., and all other circumstances leading to the conditions of sentencing as shown in the oral argument, and the sentencing conditions are not changed, the sentencing of the court below is not deemed to have exceeded the reasonable scope of discretion because the sentencing of the court below is too excessive.

3. Therefore, 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