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(영문) 서울북부지방법원 2018.06.08 2018노167
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 (one year and six months of imprisonment) is too unreasonable.

2. The lower court rendered a sentence of one year and six months to the Defendant, taking into account the following circumstances: (a) the Defendant led to the confession and reflect of each of the instant crimes; (b) the victim did not want the Defendant to punish the Defendant; and (c) the Defendant did not have any specific criminal record prior to the instant crimes; (d) in light of the period, frequency, methods, number of victims, and the amount of fraud; (b) the Defendant was under contact with the victims after each of the instant crimes; and (c) the Defendant was staying illegally in Korea on October 23, 2002 after leaving Korea on June 8, 2017 and staying there for a long time until they were arrested; and (d) the Defendant did not have recovered from or agreed on damage to the victims of the instant damages.

In light of the sentencing conditions acknowledged by the court below, since the sentencing of the court below seems to be within the scope of reasonable discretion, and there is no change in the sentencing conditions compared to the court below in the first instance, the sentencing of the court below cannot be deemed to be unfair because the sentencing of the court below is too unreasonable.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure, the judgment of the court below is corrected as follows: “At the office of the Gangnam-gu Seoul Gangnam-gu Office, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the Defendant’s appeal is dismissed as follows: “At the office of the “credit card tin” company in which the Defendant was working, the Defendant’s credit card tin” means “at the office of the Gangnam-gu Seoul, Gangnam-gu Office, Seoul, which is called the “credit card tin (which means to encash the payment of credit card payment

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