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(영문) 서울동부지방법원 2015.11.26 2015노1159
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million imposed by the lower court on the Defendant is too unreasonable.

2. As to the grounds for appeal, there are extenuating circumstances such as: (a) the Defendant recognized that the Defendant was wrong and repented; (b) the health conditions are not good due to depressions; (c) the recipient of the basic living security has become economically difficult; and (d) the payment of partial damages; and (e) the agreement with the victim.

However, on the other hand, the Defendant intentionally made false statements to the victim from the beginning and acquired the purchase price by fraud, and had the record of being punished over several times due to imprisonment with prison labor, suspension of execution, fines, etc. for the same crime, which became final and conclusive on March 2, 2014 and conclusive on March 2, 2014, and again committed the instant crime again on another one year after the completion of the enforcement of the sentence. Examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is appropriate that the lower court sentenced the Defendant to the punishment, and the determination is 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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