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(영문) 서울중앙지방법원 2018.01.12 2017노3943
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

2. Although the Defendant recognized all of the instant crimes, in the instant case where the principal amount of KRW 14 million out of the amount of damage was not repaid, and there is no special change in circumstances to determine differently the sentence of the lower court, such as additional repayment of the amount of damage, in the appellate trial, the lower court’s sentence cannot be deemed to be unduly unfair even in full view of all the sentencing circumstances indicated in the record and the theory of change.

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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