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(영문) 서울중앙지방법원 2013.12.12 2013노3604
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s erroneous determination as to the grounds for appeal reflects the Defendant’s fault in depth; (b) the Defendant’s need to support a minor’s child; and (c) the Defendant

However, in full view of the following circumstances: (a) the defrauded did not recover from damage even though the amount of fraud was not so big; (b) it was not agreed with the victims; (c) there was a history of being punished several times for the same crime; and (d) the lower court determined the punishment in consideration of the circumstances favorable to the Defendant; and (b) there was no special change in circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment; and (c) other various circumstances that form the conditions for the argument and the sentencing specified in the record of the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime,

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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