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(영문) 서울동부지방법원 2015.05.22 2015노390
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the judgment is based on the fact that the defendant was waiting for committing the crime and reflects the mistake depth, that the defendant did not have the same criminal records and has no record of being sentenced to a suspended sentence or heavier punishment, and that the situation where he/she must support his/her parents and young children appears to be.

However, in full view of the following circumstances: (a) the amount of defraudation of this case reaches KRW 55 million; (b) the Defendant was deemed to have escaped for a long time since the instant case; and (c) the Defendant was tryed to recover from damage; and (d) the fact that the lower court’s punishment was not presented in the trial, and other various circumstances that form the conditions for sentencing, such as the Defendant’s age, occupation, and family relationship, the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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