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(영문) 서울서부지방법원 2014.04.11 2013노1324
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (fines 5,00,000) is too unreasonable.

2. The fact that the defendant agreed with the victim, the principle of equity with the case of the judgment at the same time with the case of fraud for which the judgment has become final and conclusive, and the defendant's health status is not good, are factors for sentencing favorable to

However, in full view of the factors of sentencing disadvantageous to the defendant and other factors of sentencing indicated in the records of this case, the sentence of the court below against the defendant is appropriate, in light of the following: (a) the amount of damage caused by the crime of this case is not substantial; (b) the defendant acquired money from the same victim nine times a year; and (c) the crime is not less than that provided; and (d) the defendant has been punished several times by the same crime.

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.

However, pursuant to Article 25 of the Regulation on Criminal Procedure, the application of the judgment of the court below

1. Article 347(1) of the Criminal Act is amended as “Article 347(1) of the Criminal Act” in the pertinent legal provisions on criminal facts, and the judgment of the court below is corrected as “Article 347(1)

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