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(영문) 서울북부지방법원 2014.05.30 2014노320
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The judgment of the court below made the confession of the crime of this case and reflects on the victim's punishment, while the crime of this case is committed in collusion with the accomplice even though the defendant did not have the ability to repay, the crime of this case is committed by deceiving 27 million won or more from the victim several times in collusion with the accomplices in spite of the defendant's lack of ability to repay, and the nature of the crime is not somewhat weak in light of the frequency of the crime and the amount of fraud. Nevertheless, the court below sentenced the defendant by considering the victim's intention not to punish the crime of this case, and there seems to be no change in circumstances to mitigate the above fine from the crime of this case to the trial thereafter, and there is no history of punishment for the defendant as the same crime of this case, and other various circumstances that form the conditions of sentencing such as the defendant's age, character and behavior, environment, motive or circumstance of the crime of this case, means and result, etc.

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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