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(영문) 서울동부지방법원 2015.06.18 2015노315
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, and the community service order 120 hours) imposed by the court below is excessively unreasonable.

2. The fact that the Defendant made a confession and reflects all of the instant crimes when it comes to the trial, the fact that the amount actually acquired by the Defendant is not significant due to the instant crime, the fact that the victim does not want the punishment of the Defendant, the fact that the victim does not want the punishment of the Defendant, the equity between the case where the judgment becomes final and conclusive at the same time, and the fact that there are grandchildren to support is favorable to the Defendant.

On the other hand, although the defendant had been punished for the same crime several times, he/she again committed the crime in this case without being aware of the fact that the crime in this case was committed by deceiving the victim in a forged document with a planned and organized role and by deceiving the money, and the quality of the crime is bad, and the damage amount is a total of 67 million won, and most of the damage has not been recovered until now, etc., are considered to be disadvantageous to the defendant. In light of each 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 in this case, and the circumstances after the crime, it cannot be deemed unfair because the sentence imposed by the court below is too excessive.

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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