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(영문) 서울남부지방법원 2018.08.31 2018노920
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant's mistake is divided and reflected, and that the balance with the case where the defendant has been tried at the same time as before the judgment of the court below should be considered.

However, there are two criminal records for the defendant, and the defendant committed the crime of this case at another time to agree with the victim of the criminal case in which he/she is in progress, and the total amount of damage is not specified as KRW 80 million, and the amount of damage is not repaid as KRW 68 million, which is disadvantageous to the defendant.

In addition, considering the circumstances before and after the instant crime, the Defendant’s age, sex, occupation, and environment, and all the sentencing conditions indicated in the records and arguments, the sentence imposed by the lower court is deemed appropriate, and it seems unfair because it is too unreasonable. Thus, the Defendant’s assertion is without merit.

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

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