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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2012.11.30 2012노3203
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The judgment of this case is based on the following facts: (a) the Defendant used approximately 28,247,290 won and did not repaid the Defendant’s credit card loan of five credit card of the victim who had a relation of interest; and (b) the Defendant could be judged at the same time with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the crime of this case; (c) however, the court below reduced the fine (5 million won) requested by the summary order in consideration of the above circumstances; (d) the Defendant did not recover damages even after considerable time has elapsed from the date of the crime; and (e) the Defendant had been punished twice as the same kind of crime even before the crime of this case; and (e) the Defendant’s age, character, criminal record, motive and circumstance of the crime of this case; and (e) the sentencing conditions indicated in the records

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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