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(영문) 서울동부지방법원 2015.06.11 2014노1706
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months sentenced by the lower court, and two years of probation and two hundred hours of social service with prison labor for the Defendant are too unreasonable.

2. There are extenuating circumstances such as: (a) the Defendant did not have a criminal record in addition to the fine of this species; (b) the Defendant was economically difficult to use the money obtained by deception for living expenses and medical expenses for his or her daughters who suffered from influence; (c) the confession of the money in the past and the mistake is divided; and (d) the conciliation is established in civil litigation with the victim and promises repayment.

However, according to the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below against the Defendant is appropriate and the amount of the sentence is not 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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