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(영문) 서울동부지방법원 2017.03.31 2017노220
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of one-year imprisonment with prison labor imposed by the lower court against the Defendant is too unreasonable.

2. The judgment of this case is a case where the defendant embezzled cash, stoba, etc., which he had been employed as restaurant employees for four times and embezzled the cash, stoba, etc. that he had been employed in the course of his duties, deceiving five victims, thereby deceiving or deceiving them with cash, goods, or services cost, etc., and steals another's goods four times, stolen credit card, used stolen credit card, and sustained injury to the victim by shocking the vehicle that was conducted under the new subparagraph by negligence in violation of the signal while driving stobaba.

The lower court sentenced the Defendant to a sentence of one-year imprisonment with prison labor, taking into account the following factors: (i) the Defendant’s favorable circumstances: (i) the Defendant is against, the amount of fraud, the amount of fraud, or the amount of embezzlement is not much significant; (ii) the victim’s injury caused by traffic accidents is relatively minor; (iii) the victim was committed repeatedly without being aware of, during the period of suspension of execution; and (iv) most damage was not recovered.

In full view of the above circumstances, the lower court’s sentencing seems to have been appropriately determined by fully considering these factors.

On the other hand, even though the defendant paid the full amount under the compensation order by the court below to the victim C when the defendant was in the first instance trial, it does not seem to be a change in the situation to the extent that the above punishment would be changed in light

In the end, the defendant's argument of sentencing is not acceptable.

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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