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(영문) 광주지방법원 2014.02.19 2013노2584
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (limited to four months of imprisonment, two years of suspended sentence, and one hundred and sixty hours of community service) is too unreasonable.

2. The judgment of the court below is recognized that there are circumstances to be considered in the course of the crime of this case, even though the defendant was found to have been aware that there was no intention or ability to refund the mobile phone while working at the mobile phone service center, and the amount of damage is not much, the defendant was taken by deceiving the victim with 16 mobile phone units in the amount of 14,937,00 won without intention or ability to refund the mobile phone. The fact that the defendant was subject to a single and seven different types of penalties, the defendant did not agree with the victim. The court below seems to have determined the punishment by taking into account all the circumstances favorable to the defendant, and there was no special change in the trial, the defendant's age, environment, character and conduct, the process and motive leading to the crime of this case, and circumstances in the records and arguments after the crime of this case. Thus, the above argument of the court below is without merit.

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

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