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(영문) 서울남부지방법원 2015.01.22 2014노1855
사기
Text

All appeals by the defendant are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the first instance court: imprisonment with prison labor for 10 months; 2. the second instance court: a fine of 5 million won) that the court below made is too unreasonable.

2. Two judgments of the lower court were consolidated in the trial but sentenced to imprisonment with prison labor and fines for each term.

The grounds for appeal against each judgment are divided.

A. In light of the sentencing conditions indicated in the records and arguments of this case, the first instance court’s punishment is too unreasonable, in view of the fact that the Defendant, who made a judgment on the first instance judgment, deceiving a victim who was a customer, obtained a considerable amount of money, obtained a considerable amount of money, has not yet been restored despite the considerable period of time, and the Defendant had a record of punishment for the same kind of crime in the past.

B. In light of the sentencing conditions indicated in the instant records and pleadings, such as the fact that the Defendant committed the instant crime again despite the fact that the Defendant committed the instant crime in the judgment of the second instance court, even though he/she was in the status of dedicated to the commission of the crime in the judgment of the first instance, and the fact that the damage was not recovered even after a considerable period has elapsed from the date of the crime, the sentence of the second

3. All appeals by the defendant are without merit, and all appeals by the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(The first and second original judgments sentenced to a different sentence, and each appeal is dismissed as it is in the first and second original judgments, and the sentence is maintained in the appellate court.

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