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(영문) 서울중앙지방법원 2018.05.25 2018노458
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one and half years of imprisonment) is too unreasonable and unfair (the second trial date). Although the Defendant has withdrawn his assertion of mistake on the date of the second trial, the lower court made a full confession of the entire crime, and made an agreement with the victim F, G, andO by paying the amount of damage to the victim F, G, andO at the lower court, and reached an agreement with the said victims (which is the page 58,60,60,81,82, the second trial record, 2017, the second trial record, and 5967, the evidence record), the Defendant had been punished for fraud several times including the criminal records of imprisonment, and the total amount of damage to the instant crime was 34,530,000 won, and the Defendant committed the same repeated crime within the same period, and did not recover damage to the victim P, the lower court’s argument that there was no particular reason to deem the Defendant’s argument that there was an undue change in circumstances after the final sentencing.

Therefore, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the lower court (Article 25(1) of the Criminal Procedure Act on the grounds that it is evident that the Defendant’s appeal is each clerical error in the final end of 5967 order, “........,” and “.., December 21, 2016” in the criminal records of the lower judgment on the grounds that it is obvious that the ex officio correction is made pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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