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(영문) 서울서부지방법원 2012.11.22 2012노991
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal by the defendant is that the punishment imposed by the court below (eight months of imprisonment) is unreasonable.

2. On March 13, 2002, the Defendant was sentenced to one year of imprisonment due to fraud, etc. at the Seoul Central District Court on March 13, 2008. On February 11, 2011, the Seoul Western District Court sentenced a fine of three million won as a fraud. On August 21, 201, the Seoul Western District Court sentenced the Defendant to one year and six months of imprisonment due to fraud. Further, the Defendant acquired the money by taking into consideration the following circumstances: (a) the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Seoul Western District Court on August 21, 201; (b) the Defendant was sentenced to three million won due to fraud; and (c) the Defendant was under trial after being sentenced to one year and six months of imprisonment with prison labor at the Seoul Western District Court on August 21, 2012; and (d) the Defendant acquired the money by taking the same capital under detention in Seoul Southern District Court for the same kind of criminal offense into consideration: (c) the circumstances and the Defendant’s allegation that it is inappropriate.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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