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(영문) 서울동부지방법원 2017.02.10 2016노2004
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The sentence imposed by the court below is not too heavy or less appropriate in light of the following factors in light of the circumstances favorable to the defendant, such as the defendant's age, sex, and family environment, and all other conditions of sentencing as shown in the records of this case.

On September 2014, the Defendant had been punished several occasions as a crime of fraud; in particular, even though the Defendant was sentenced to a suspended sentence of two years, protection surveillance, and community service order in October, 2014, the Defendant committed a crime of fraud more than 100 times against many unspecified victims, and again, committed a crime of fraud by purchasing another’s financial account and using another’s financial account for a crime, and continuing to commit a crime while the judgment of the court below is in progress, the contents of the crime and the method of the crime, such as continuing to commit a crime, are also planned, active, and large: the number of damage is much less than 22 million won, but the sum of the damage amount is less than 22 million won, making efforts to recover some damage, such as repayment of damage to the victims under the name of 200, and not repeating the crime.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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