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(영문) 서울중앙지방법원 2013.08.22 2013노1918
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. There are extenuating circumstances such as the fact that the Defendant’s decision on the grounds of appeal reflects the mistake.

However, even though the number of crimes are large and the amount of defraudation is not so big, damage recovery was not made at all, in light of the fact that there is no agreement with the victim, the nature of the crime is not good in light of the content of the crime, the victim complains of considerable pain and damage to the extent of receiving mental treatment, there is no change in special circumstances or circumstances that can be newly considered in sentencing after the decision of the court below, and other various circumstances that form the conditions of the argument and the sentencing indicated in the records of this case, including the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, are considered as being too unreasonable, and thus the defendant's assertion is not acceptable.

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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