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(영문) 대전지방법원 2018.11.29 2018노1538
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: The punishment sentenced by the court below (one year of imprisonment, two years of suspended execution, and community service) is too unreasonable.

2. The lower court determined a punishment by taking account of the circumstances favorable to the Defendant, such as the following: (a) the nature of the instant crime and the poor circumstances; (b) the total amount of fraud by the instant crime is not significant; and (c) the Defendant’s profits acquired from the instant crime are also considerable; and (b) the Defendant agreed with the Samsung Samsung A&T Co., Ltd. as the actual victim of the instant crime; and (c) the fact that the Defendant should take into account the equity with the case where the judgment is rendered simultaneously with the final and conclusive judgment

In addition to the fact that the Defendant had three previous criminal records, including the previous criminal records in the judgment of the court below, and there are 17 criminal records which include other criminal records, even though considering the circumstances alleged by the Defendant on the grounds of appeal, the punishment imposed by the court below is too heavy.

shall not be deemed to exist.

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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