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(영문) 서울중앙지방법원 2018.10.12 2018노2188
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

Sentencing Sentencing [Scope of Statutory Punishment] 20 years or less of 20 years of imprisonment [Determination of Type] 1 (less than KRW 100 million) of general fraud among the fraudulent crime group [the scope of recommendation] : In the area of aggravation of the same repeated crime [the scope of recommendation]: From 1 year to 2 years and 6 months of imprisonment, although the accused is against the confession of the crime, although the accused has already many criminal records of the same kind, among them, the accused has already been sentenced to imprisonment with prison labor and has committed the crime of this case again within the repeated crime period after the completion of the execution of the sentence by being sentenced to imprisonment due to fraud, and in consideration of the victim's daily sales and profit, etc., the damage is minor.

In full view of the fact that there is no recovery from damage, there is no change of circumstances that may be considered in sentencing after the judgment of the court below, the fact that the sentence of the court below is the lowest of the scope of sentence recommended in the sentencing guidelines, and other circumstances that form the conditions of sentencing as shown in the records and arguments, the court below’s sentence is too unreasonable, and thus, the defendant’s assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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