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(영문) 서울동부지방법원 2015.12.24 2015노997
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) shall be excessively unreasonable.

2. The fact that the Defendant, when making the judgment in the first instance, leads to the confession and reflect of the instant crime, and that the health status is not good, is favorable to the Defendant.

On the other hand, the fact that the defendant committed the crime of this case again during the period of repeated crime without being aware of the fact that he had been punished for the same kind of crime over several times, and that the amount obtained by defraudation over 130 million won for a period exceeding 2 years exceeds 66 million won, but did not agree with the victim and did not take any measures for the recovery of damage, etc. is disadvantageous to the defendant.

In light of the above circumstances and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, it is not deemed that the sentence imposed by the court below is too unreasonable.

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

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