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(영문) 서울동부지방법원 2015.11.19 2015노719
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year suspended sentence and 80-hours for community service in October sentenced by the court below is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant recognized a mistake in recognizing the grounds for appeal, and the fact that the Defendant agreed smoothly with the victim.

However, in light of the fact that the Defendant was punished for the same crime as the instant case, the amount acquired by deception was not more than 40 million won, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant is appropriate and the amount of the punishment is not unreasonable.

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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