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(영문) 서울중앙지방법원 2017.06.02 2017노951
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and two months of imprisonment and two months of imprisonment) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime and is in depth and reflects the depth of the crime, that the defendant deposited 4.3 million won in the victim's new card, that the victim agricultural card wants to take a preference against the defendant, that the defendant did not have any profits gained from the crime of this case, and that the crime of the victim's new card should take into account the equity with the case where the judgment is to be rendered simultaneously with the previous conviction that

However, the fact that the defendant committed the crime of this case in collusion with his accomplices, and that the total amount of fraud exceeds 370,000,000 won, etc. are disadvantageous to the defendant.

In full view of the above circumstances and other factors of sentencing as well as the background of the instant crime, Defendant’s character, conduct, environment, and career, etc., the lower court’s punishment against Defendant is too unreasonable, and thus, the Defendant’s improper assertion of sentencing is not acceptable.

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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