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(영문) 서울중앙지방법원 2015.12.03 2015노3678
사기
Text

The defendant's appeal is dismissed.

Reasons

The Defendant asserts that, on the grounds of the instant appeal, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

However, the sum of the money obtained by deceiving two victims on several occasions exceeds 54 million won, and there was no damage reimbursement at all.

In addition, on December 1, 2011, the defendant has been sentenced to a suspended sentence of two years for six months of imprisonment for fraud.

In light of the aforementioned circumstances, the lower court’s sentencing cannot be deemed unfair because it goes beyond the reasonable scope of discretion and is too unreasonable, in full view of the following circumstances: (a) the background and method of the instant crime; (b) the degree of damage and the recovery of damage; (c) the motive for the crime; (d) the history of punishment; (c) the circumstances after the crime; and (d) the Defendant’s age, character and conduct, career, family environment, etc., and all other circumstances, which are

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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