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(영문) 서울중앙지방법원 2017.11.23 2017노3231
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (6 months of imprisonment) is too unreasonable.

Judgment

The defendant did not actually import the machinery and did not have the intention or ability to pay it, but supplied the cleared machinery to the trading office and paid it as the delivery price after two months.

Denating and deceiving 50 million won from the damaged person under the pretext of mechanical customs clearance.

Although the defendant denied the crime even before the court below, he made a confession from the party to the trial, which reflects his mistake.

As stated in the lower judgment, there are extenuating circumstances, such as that the Defendant appears to have paid the actual purchase price of machinery on April 7, 2009, as stated in the lower judgment, including 13,000,000 UN (3.2, 2000,000,000,000) and 1,000,000,000 (13.0,000,000,000). (B, the lower court’s sentence 3.2, 200,000) However, the victim was shot the Defendant’s severe punishment at the lower court (2,00,000,000,000). Some of the damage was repaid to the victim with the principal and interest, but the damage was not recovered.

The victim was paid 10,000 won to the prosecution.

The statement was made (Evidence No. 68, 149 of the evidence record), and 10,400,000 won in the original trial.

In full view of all the circumstances such as equity with the case where the defendant was sentenced to a judgment with his final conviction (one year of imprisonment for fraud in 2010) and the defendant’s age, sex behavior, environment, and circumstances after the crime, the sentence of the court below is proper within the scope of the sentencing discretion and it cannot be deemed unfair because it is too unreasonable.

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

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