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(영문) 서울동부지방법원 2013.10.31 2013노1035
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The Defendant, in lieu of the investigative agency, the lower court, and the court of the first instance, has shown an attitude that the Defendant committed a crime on behalf of one’s own, and committed a mistake through a prison life for more than two months. There are extenuating circumstances such as the Defendant’s revocation of the complaint under an agreement on the installment payment of the amount of damages inflicted upon the Defendant, the Defendant’s repayment of approximately seven million won in the lower court, and the Defendant’s mother to support.

However, in light of the fact that the Defendant misrepresented that he was an employee of a multi-national genetic resource development company without any substance for the purpose of deceiving the victim and committed the instant crime; although the amount of damage was not much, most of the damage was not recovered; the Defendant consumed the amount of defraudation by Internet gambling; some of the instant crimes was committed during the period of suspension of execution due to the same criminal record; the Defendant was committed during the period of suspension of execution due to the same criminal record; the sentencing of the lower court seems to have taken into account all the favorable circumstances; there is no change of circumstances that may vary from the lower court and the sentence; and there is no other change of circumstances that could vary between the lower court and the lower court; the sentence of the lower court is too unreasonable.

3. Accordingly, 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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