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(영문) 서울중앙지방법원 2015.09.10 2015노2828
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too heavy (six months of imprisonment) or unreasonable (the defendant).

2. We also examine the arguments of the defendant and the prosecutor regarding the grounds for appeal.

In full view of the following circumstances: (a) the Defendant committed the instant crime even during the period of repeated crime; (b) committed the instant crime; (c) by deceiving the victim by forging or exercising the details of bank account transactions; and (d) by deceiving the victim, thereby deceiving him/her; (b) while the Defendant has agreed with the victim to take advantage of his/her mistake; and (c) the victim expressed his/her intent to take advantage of the victim’s wife at the trial; and (d) other various circumstances that form the conditions for the argument and sentencing as indicated in the record of the instant case, such as the Defendant’s age, character and conduct, environment, the background, motive, means, and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is deemed reasonable;

Therefore, the defendant and prosecutor's argument are without merit.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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