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(영문) 서울중앙지방법원 2017.07.14 2017노1231
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable because it is too unreasonable for the defendant to be sentenced to punishment (one year of imprisonment) imposed by the court below (the grounds for appeal submitted by the defendant himself includes some of the contents that seem to dispute the facts about the theft of Nowonbuk, but it was clearly stated that the defendant and his defense counsel appealed for only the reason of sentencing on the first trial date). 2. There are no special circumstances or changes in circumstances that may be considered newly in the appellate court’s sentencing.

In particular, the Defendant was punished for fraud and larceny more than ten times (in 1986, the Defendant had already been punished for habitual fraud) and the instant crime also was committed during the period of repeated crime due to fraud.

The criminal act of fraud, which is a criminal offense of repeated crime, was also a criminal act of fraud by deceiving Qbic as an Amond, and the criminal act of fraud was committed several times in the same way.

The damage caused by each of the crimes in this case was not recovered.

In full view of the various circumstances described by the judgment of the court below in the column of the reason for sentencing and all other conditions of sentencing, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence imposed by the court below cannot be deemed unfair due to the failure of the Defendant’s punishment.

3. In conclusion, 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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