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(영문) 서울중앙지방법원 2013.05.23 2013노1100

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (three years of imprisonment) is too unreasonable.

2. There are extenuating circumstances such as: (a) the Defendant’s decision on the grounds for appeal reflects the Defendant’s mistake in depth; (b) the seven remaining victims, excluding K and J, have joined the Defendant’s organized system before the instant case and gained a certain portion of profits; (c) the Defendant did not have any criminal record for the same kind of crime; and (d) the Defendant is a disabled person of class 6

However, in full view of the various circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the Defendant’s assertion is not accepted, since the sentence imposed by the lower court is too unreasonable, since it was not recognized that the Defendant’s punishment imposed by the lower court was too unreasonable. The lower court did not accept the Defendant’s assertion, given that there was no agreement with the victims, and there was no special circumstance or circumstance that may be newly considered in the sentencing after the sentence was sentenced.

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.