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(영문) 서울중앙지방법원 2014.08.28 2014노2424
사기
Text

All appeals by the defendant against the judgment below are dismissed.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 of the charges of KRW 500,000 sentenced by the court below against the defendant is too unreasonable.

2. Determination of the first instance court’s crime of fraud is committed several times within the period of repeated crime after having been sentenced to punishment for a violation of the Road Traffic Act (non-licenseless driving), and the second instance court’s crime of fraud also committed again within the period of repeated crime after having been sentenced to eight months of imprisonment for the same kind of crime, and all the sentencing conditions shown in the records and arguments including the fact that no damage has been recovered. In full view of the circumstances favorable to the Defendant, such as equity compared with the first head of the judgment of the lower court at the same time, even if the circumstances favorable to the Defendant are considered, such as equity compared with the case of the first head of the judgment of the lower court at the same time, it is not recognized that the punishment imposed by the first and the second lower court is unfair (each fraud of the first instance court’s judgment is in conflict with each other under the latter part of Article 37 of the Criminal Act with the case of imprisonment without prison labor or heavier punishment on July 20, 2011.)

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