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(영문) 서울중앙지방법원 2014.01.23 2013노3996
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair form) stated that the victim received a previous cell phone device from the defendant, unlike the statement made at the court below at the court below, and although there was a change of circumstances, the court below declared a fine of KRW 300,000 as the amount of the summary order issued

2. Although the judgment on the grounds of appeal cannot be said to have a large amount of 50,00 won by the defendant, the damage payment is not made even after a considerable time has passed since the occurrence of this case, and the victim paid the above money by purchasing smartphones, and the victim subsequently received it from the defendant. At the time, the victim stated that there was no value for the victim to the old phone from the defendant since there was no intention to change the old phone again, the content of the defendant's assertion is difficult to be deemed to be a change in circumstances. Since there is no special circumstance or change in circumstances that may be considered in sentencing newly after the decision of the court below, and other various circumstances that form the conditions of the arguments and the sentencing specified in the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence, etc., after the decision of the court below was made, it is not recognized that the sentencing of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

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.

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