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(영문) 서울동부지방법원 2014.11.21 2014노1241
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (five million won of fine) imposed by the court below on the defendant is too unlimited.

2. The judgment of the court below is divided in depth into and against the defendant's mistake, and there is no past history of punishment for fraud, and there is some favorable circumstances for the defendant, such as that the defendant must support his parents and his dependants. However, the crime of this case is poor due to the crime committed by the defendant by deceiving the amount equivalent to 185 million won in terms of the purchase price for automobiles. Nevertheless, it is unfavorable that the defendant has not recovered the damage to the victim until now or has not been used. In full view of the various conditions of sentencing indicated in the records, such as the motive, means and result of the crime of this case, circumstances after the crime, the age of the defendant, character and conduct, intelligence, environment, family relations, etc., it cannot be said that the punishment imposed by the court below is too unreasonable. Thus, the above argument of the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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