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(영문) 서울동부지방법원 2016.03.25 2015노1682
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (two years of imprisonment) imposed by the court below on the crimes No. 3 or 13 of the decision of the court below as to the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant’s mistake is divided and reflected in his mistake, and that the total amount of damage caused by the instant fraud is not a large amount of KRW 29250,000,000, may be considered as normal data favorable to the Defendant.

However, the Defendant’s crime of this case was committed by deceiving money from many unspecified victims by manipulating a false graduate certificate or forging a mobile phone, etc., in light of the planned and active nature of the Act on Fraudulentation, and the criminal nature and active nature of the crime, and the Defendant has been punished several times, and in particular, the part of the crime of this case was committed during the period of suspension of execution for the same kind of crime, and at the same time, the crime was committed during the period of suspension of execution for the crime of this case as stated in Articles 1 and 2 of the facts constituting the crime of this case as indicated in the judgment of the court below, and the damage was not completely recovered, and taking into account the circumstances leading to the Defendant’s crime, the Defendant’s age, sexual behavior, environment, etc., and other various sentencing conditions indicated in the records of this case, even if the above favorable normal data were considered, the sentence of the court below is not heavy.

3. 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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