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(영문) 서울동부지방법원 2016.06.29 2016노562
사기
Text

The defendant's appeal is dismissed.

Reasons

The main point of the defendant's appeal grounds is that the sentence of the court below that sentenced fine of KRW 3,00,000 is too unreasonable in light of the fact that all damages are recovered and that the defendant agreed with the victim smoothly.

However, in full view of the above circumstances asserted by the Defendant and his defense counsel, the Defendant committed the instant crime without being aware of it during the period of each suspended sentence due to fraud, etc. and larceny, and other various circumstances that form the conditions for sentencing, such as the Defendant’s age and environment, etc., the Defendant issued a summary order of KRW 4,00,000, but the sentence of the lower court that sentenced to KRW 3,000,000 by mitigation is too unreasonable.

Therefore, 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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