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(영문) 서울중앙지방법원 2013.05.15 2012노3846
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair form of punishment) is unreasonable in light of the following: (a) the Defendant’s mistake is against himself; (b) the person deceivings the victim to be 30 billion won to be invested; (c) the Defendant is minor; and (d) the Defendant deposits a total of KRW 80 million in the original court under the pretext of damage changes; and (c) the Defendant made efforts to compensate for damage, such as additional deposit in the trial, etc., it is unfair for the lower court’s imprisonment (two years of suspended execution for one year; and (d) the period of 80 hours for community service, etc.).

2. Although the defendant recognized the facts of the crime of this case and deposited a total of KRW 80 million in the original judgment under the pretext of damage compensation, the defendant again committed the crime of this case, considering the fact that he committed the crime of this case again, and all other circumstances, such as the defendant's age, character and behavior, motive, means and consequence of the crime, etc., which are the sentencing conditions specified in the records and arguments of this case, are 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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