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(영문) 서울중앙지방법원 2018.07.12 2018노1052
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable (one and half years of imprisonment with prison labor for Defendant A, confiscation and one and half years of imprisonment with prison labor for Defendant B).

2. The judgment of the Defendant A, while recognizing the entire facts charged, is that the F was unaware of the fact that the F used the forged credit card while recognizing the whole facts charged, and the number of times used the forged credit card is considerably less than that of the facts charged.

The argument is asserted.

Defendant

A’s statement of the witness F of the trial party, consistent with the above argument, is difficult to believe it as it is, in light of the fact that the statement of the witness F of the trial party corresponds to the above argument, makes it difficult to formally understand the process of the participation of the defendant A.

In other words, the circumstances on which the court below’s sentencing was the basis of the argument that the sentencing was unfair were set out in the court below’s oral proceedings and the court below determined the sentence by taking this into account.

Considering that there is no change in the circumstances unfavorable to the Defendants, and there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment, the sentence imposed by the lower court cannot be deemed unfair because it is too unreasonable.

3. The Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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