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(영문) 서울중앙지방법원 2015.01.22 2014노4501
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant paid KRW 20 million to the victim, deposited KRW 3 million, the remainder of the damage is recoverable from the lease deposit of the loan of this case, and further, the Defendant did not have much damage to the victim, such as paying part of the management expenses of the victim, etc., the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. In full view of the following factors: (a) the Defendant committed the instant crime during the period of repeated crime due to the same crime; (b) the Defendant was punished for the same crime even in addition to the foregoing repeated crime; and (c) the Defendant’s age, character and conduct, environment, the circumstances and consequence of the instant crime; and (d) all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the instant crime, even if considering the circumstances of the Defendant’s assertion, it cannot be said that the lower court’s punishment

3. Accordingly, 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 groundless. It is so decided as per Disposition.

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