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(영문) 서울중앙지방법원 2021.01.20 2020노1770
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (three years of imprisonment).

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, the court below’s sentencing was too excessive and exceeded the reasonable scope of discretion, in full view of the factors revealed in the arguments in the instant case, and there is no particular change in the sentencing conditions compared with the lower court’s judgment.

It does not appear.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that the appeal is without merit. It is so decided as per Disposition by the court below (Article 25 of the Regulation on Criminal Procedure: (i) “the victim” of the first instance judgment No. 3; (ii) “the victim” of the second instance judgment No. 3; and (iii) “the first instance bank account No. 5 through No. 7, and 15 of the first instance judgment No. 7; and (iv) “A bank account No. 5 to 7, and 17” of the first instance judgment No. 17; and (iv) “A bank account No. 3 in the name of the State”; and (v) “the bank account No. 18” of the first instance judgment No. 18”.

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