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(영문) 서울동부지방법원 2015.08.12 2015노748
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) of the lower court against the Defendant is too unreasonable.

2. The judgment is recognized that the defendant is both aware of the crime and reflects his depth of the mistake, and that the amount of damage is relatively small.

However, in full view of the following circumstances: (a) the Defendant has a criminal record of having been sentenced four times as a crime of fraud; (b) the Defendant committed a crime without being aware of the fact that he/she had been sentenced to a punishment for a criminal act of the same kind in which he/she had been sentenced to imprisonment for more than six months; and (c) the Defendant had been sentenced to imprisonment for more than six months after the completion of the execution thereof; (d) the damage was not recovered; and (e) the Defendant did not have been sentenced to imprisonment from the victim; and (e) the Defendant’s career, environment, and family relationship

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

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