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(영문) 서울중앙지방법원 2015.11.12 2015노3362
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

The Defendants asserted that, on the grounds of the instant appeal, the lower court’s punishment against the Defendants (one and half years of imprisonment by each of the Defendants) is too unreasonable.

However, although the Defendants were the first offender in Korea, and there is a family member to support each of the instant offenses, each of the instant offenses is an international organized crime using forged credit cards, and the nature of the offense is not very good, and the Defendants committed the instant offense according to the instructions of the accomplices, but the degree of the Defendants’ participation in the instant act is not weak.

In addition, the Defendants entered the Republic of Korea solely for the purpose of committing the instant crime, and used forged credit cards in total 44 times or non-discriminatoryly during this framework.

Even if the actual amount of damage that led to the occurrence exceeds 30 million won, there is no effort to recover damage entirely.

In light of the aforementioned circumstances, the court below’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 of the crime; (d) the history of punishment; and (e) the age, character and conduct, career, home environment, etc. of the Defendants; and (e) the overall circumstances constituting the conditions for sentencing

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

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