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(영문) 서울동부지방법원 2013.11.15 2013노1104
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. Although there are favorable circumstances for the defendant, such as the fact that the defendant recognized his mistake, the fact that the defendant has been subject to criminal punishment in the same kind of crime as this case, the fact that the victim M surrenders voluntarily surrenders to the investigative agency, the victim M was fully recovered from damage by paying 3 million won to the victim M, the victim C paid 1.3 million won as a part of the damage amount, and the defendant had a high school school student's child to support the defendant, there are significant circumstances that the defendant committed each crime of this case, such as receiving money near 40 million won for 6 months by deceiving the neighboring victim C, etc. However, the crime of this case is very heavy, and the defendant has a history of being subject to criminal punishment in the same kind of crime as this case even before this case, the defendant still remains more than 40 million won, and the circumstances such as motive and circumstance leading up to the crime of this case, the situation before and after the crime, the defendant's age, personality, behavior, occupation, family relationship, etc. are considered as unfair.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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