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(영문) 서울중앙지방법원 2013.10.31 2013노3049
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A: two years of imprisonment, and for defendant B, one year of imprisonment) of the lower court is too unreasonable;

2. Determination

A. Defendant A is divided in depth into and reflected against his criminal act from the investigation stage to the trial of the court, and there is no record of punishment for the same criminal act, etc. among the crimes in this case, even though the above defendant was a repeated offender at the time of committing the crime in the attached Table I to the judgment of the court below among the crimes in this case, each of the above crimes was committed without being involved in even though the defendant was a repeated offender at the time of committing the crime in this case, the circumstances and methods of the crime, the character and conduct, environment and other sentencing conditions of the above defendant, and the above defendant's age, character and behavior, environment and other sentencing conditions cannot be deemed to be too unreasonable.

B. As to Defendant B, Defendant B was divided in depth into and reflected against his criminal act from the investigation stage to the trial stage, the Defendant did not have any history of punishment for the same kind of crime, and the Defendant reached an agreement with the modern sea of the victim in relation to the crime on August 24, 2010, although it is recognized that the total amount of damage was not small as KRW 51,923,200, the victims did not agree with the victims until the trial stage, and the degree of participation in the entire criminal act of this case cannot be deemed to be negligible, and in full view of the above Defendant’s age, character, conduct, environment, and other conditions, the sentence of the court below is too unreasonable.

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

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