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(영문) 서울동부지방법원 2015.04.30 2015노360
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) shall be excessively unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant’s confession and reply to the instant crime; (b) the agreement with the victim F; and (c) the Defendant appears to have borrowed money while maintaining de facto marital relationship with the victim H.

On the other hand, the defendant committed the crime of this case again even though he had been punished several times due to the same crime, the total amount of damage caused by the crime of this case reaches 46 million won, and the victim H did not agree with the victim and did not take measures to recover from damage, etc., which are disadvantageous to the defendant. In light of the above circumstances and other factors, taking into account all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of 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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