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(영문) 의정부지방법원 2015.09.08 2015노1436
사기등
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 is too unreasonable.

2. Determination

A. The Defendant is recognized to have led to the instant crime, to which he/she led to confession and reflects, and to the extent that economic circumstances are not good.

B. However, in collusion with B, the Defendant unlawfully used the victim C’s resident registration number as if he were the victim C, and acquired KRW 10 million from the victim Hyundai Card Co., Ltd. in light of the Criminal Procedure Act, comprehensively taking account of the following: (a) the nature of the crime is not good in light of the Criminal Procedure Act; (b) the fact that there was no agreement with the victim; (c) the Defendant was punished several times due to larceny; and (d) the Defendant’s age, details of the crime, and circumstances after the crime, etc., which are favorable to the Defendant, even if considering the above circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable.

C. Therefore, the defendant's above assertion is without merit.

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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