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(영문) 서울동부지방법원 2015.12.24 2015노1288
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (three million won of a fine) is excessively unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant made a confession and reflects the instant crime, and that the equity with the case where the judgment was rendered simultaneously with the judgment that became final and conclusive is to be considered.

On the other hand, the fact that the crime of this case was committed by forging the document and deceiving the victim, and the nature of the crime is bad, and that the amount of damage is not much than 10 million won, but did not agree with the victim, and that there was no measure to recover damage, and therefore, the criminal liability is grave.

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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