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(영문) 서울남부지방법원 2014.04.17 2014노137
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment and confiscation) is too unreasonable.

2. Although there is an agreement between the Defendant and the victims of the fraud, or there is a circumstance in which the injury was recovered, the Defendant committed the instant crime several times of payments without any awareness of the fact that the mobile phone opened with the forged identification card could be abused for any abnormal purpose, such as criminal acts, even though he was aware of the fact that the Defendant could be abused for any abnormal purpose. The lower court determined the sentence by taking into account the concurrent crimes under the latter part of Article 37 of the Criminal Act, taking into account the relationship between the latter part of Article 37 of the Criminal Act. In addition, considering the motive and method of the instant crime, frequency of the crime, profits from the crime, circumstances after the crime, and the Defendant’s age

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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