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(영문) 서울중앙지방법원 2012.12.18 2012노3597
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) imposed by the lower court is too unreasonable.

2. Determination on the grounds of appeal: (a) the defendant was committed at all, and the defendant was recognized to have committed a crime; (b) although the health condition of the defendant seems to be somewhat good; (c) on the other hand, the defendant was punished by a fine, despite having been sentenced to such fraud, such as taking-out style, etc. over several times, and committed another identical crime repeatedly; (b) there is no circumstance to deem that the defendant did not reach an agreement with the victims up to the present; and (c) there is no circumstance to deem that the defendant made a serious effort to recover from damage; (c) the court below appears to have determined the punishment by taking full account of the circumstances favorable to the defendant; and (d) there is no special circumstance or change of circumstances that may be considered in the new sentencing after the pronouncement of the judgment of the court below; and (e) considering the various circumstances, including the defendant’s age, character and conduct, environment, motive for the crime, and circumstances after the crime, the defendant’s argument that the sentence imposed by the court below is too unreasonable, and therefore, is not justified.

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

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