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(영문) 서울동부지방법원 2015.08.13 2015노552
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) shall be too unreasonable, due to the gist of the grounds for appeal.

2. The circumstances favorable to the defendant include the fact that the defendant led to confession and reflects on the crime of this case, and that there is a family member to support.

On the other hand, the defendant committed the crime of this case again even though he had been punished several times due to the same crime, including one prison term, and some of the crimes are crimes committed during the period of repeated crime, and even though the majority of the victims and the amount of damage exceeds KRW 200 million, they did not agree with the victims and did not recover from damage, which is disadvantageous to the defendant.

In light of the above circumstances and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, it is not deemed that the sentence imposed by the court below is too unreasonable.

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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