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(영문) 서울북부지방법원 2016.09.02 2016노793
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (two million won of a fine) pronounced by the original court which is the summary of the grounds for appeal is too unreasonable;

2. In light of the fact that the Defendant: (a) transferred the vehicle from the victimized Company on July 11, 2014, and sold the vehicle to another person for KRW 4 million on July 201, 2014; (b) but (c) as if the vehicle was still kept without notifying the victimized Company of this fact, the circumstances after the crime are not good; and (d) although the victimized Company recovered the vehicle from the buyer, it did not receive the key from the buyer, the lower court’s sentencing appears to be within the reasonable scope of its discretion; and (c) there is no change in sentencing conditions to be newly considered in the trial.

Therefore, it is not recognized that the sentence imposed by the court of original judgment is too unreasonable because it is too large.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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