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(영문) 서울동부지방법원 2015.10.15 2015노614
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (4 million won of a fine) is excessively unreasonable.

2. The circumstances favorable to the defendant are that the defendant made confession of the crime of this case and reflects the depth thereof, and that he did not have any previous conviction beyond the previous conviction and fine, etc.

On the other hand, the Defendant had the record of criminal punishment three times, and even though the amount of damage caused by the instant crime is not less than 14 million won, the payment of damage was not made at all. The instant crime is an unfavorable condition against the Defendant, such as the fact that the Defendant, by deceiving the victim for the purpose of self-financing, disposes of it to a large vehicle immediately after the delivery of the vehicle by deceiving the victim for the purpose of self-financial cultivation, and the quality of the crime is bad, resulting in new social risks, and the liability for such crime is not less

In light of the above circumstances and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, it is not deemed that the sentence imposed by the court below is too unreasonable.

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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