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(영문) 서울중앙지방법원 2018.07.27 2018노1172
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized all of the instant crimes and reflected, etc. is favorable to the Defendant.

However, the Defendant had been punished several times for the same crime (six times of punishment due to fraud and larceny, four times of fines), and committed a repeated crime due to the same Internet goods fraud crime, and committed a repeated crime during the period of repeated crime, the frequency of the crime and many victims, and the victims did not recover damage to the victims, and even if considering all the conditions of sentencing as shown in the record and the changed theory in this case where there is no change in circumstances that make it possible for the lower court to change the sentence in the appellate trial, the Defendant was sentenced to an excessive punishment and exceeded the scope of reasonable discretion.

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

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

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