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(영문) 서울동부지방법원 2015.06.05 2015노472
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the defendant was committed with the intention of committing a crime and reflects his mistake in depth, and that there was no record of punishment for the same crime before the instant case and that he was not subject to criminal punishment more than suspended execution.

However, in full view of the following circumstances: (a) the crime of fraud in real estate, such as the instant case, is not easy in terms of promoting speculation; (b) the amount of damage is considerable and the amount of damage is not recovered; (c) the circumstances for changing the sentence of the lower court do not appear to have been presented in the trial (e.g., equity in the case of a judgment simultaneously with the crime subject to suspended execution as stated in the judgment of the lower court was already considered in the lower court); and (d) other various circumstances that are the conditions for sentencing, such as the Defendant’s age, occupation, and family relationship

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

However, among the facts constituting the crime of the lower judgment, the phrase “1,50,000,000 won” in the second sentence 17 of the Criminal Procedure Act, the phrase “1,50,000 won” in the second sentence, and the phrase “as of September 22, 2012” in the second sentence 20, the phrase “as of August 22, 2012,” and the phrase “as of August 22, 2012,” the phrase “as of August 28, 2012,” in the third sentence 7, are clearly written errors, and thus, they are corrected, in accordance with Article 25(1) of the Rules on Criminal Procedure.

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