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(영문) 서울중앙지방법원 2013.04.19 2013노952
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) is too unreasonable in light of the following: (a) the Defendant has no record of criminal punishment; (b) the Defendant was under the suspicion that she was unaware of and against her mistake; and (c) the Defendant was able to easily punish money; (b) the Defendant was involved in the instant crime; but (c) the degree of participation in the instant crime is minor by taking charge of simple withdrawal only.

2. The circumstances favorable to the defendant, such as the fact that the defendant had no record of criminal punishment after entering the Republic of Korea, the fact that he/she misleads himself/herself, and the degree of his/her participation, are not severe.

However, the crimes such as this case are not likely to be committed against many unspecified victims in a systematic and planned manner.

In full view of the above facts and other circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments of the instant case ( even according to the sentencing guidelines, the crime of this case as seen in the instant case constitutes the basic area of Type 1 as a type of systematic fraud, and thus, the scope of sentence recommended by the lower court’s sentence is deemed to be 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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