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(영문) 서울중앙지방법원 2019.03.29 2018노4036
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. It is recognized that the judgment of the defendant confessions all of the crimes of this case and reflects them, has no record of criminal punishment in Korea, and suffers from the modified conviction.

However, the Defendant’s participation in the crime of “Singing” is highly harmful to society as a whole by massing a large number of unspecified victims, and by taking account of the following factors: (a) the Defendant took charge of the withdrawal and remittance of the commission of the crime of Boing; (b) the degree of participation is not easy; (c) the Defendant does not seem to have made efforts to recover damage, such as repayment of damage up to the trial or settlement with victims; (d) there is no special circumstance or change of circumstances that may be newly considered in sentencing at the trial; and (e) the amount of damage in this case and other factors of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive and consequence of the crime; and (e) the amount of damage in this case and all other factors of sentencing as indicated in the records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the

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

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