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(영문) 서울중앙지방법원 2016.09.09 2016노2547
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of one deliberation (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable;

2. The fact that the market pens the error of the defendant, and the amount of fraud is not the amount of money, etc. may be considered as favorable circumstances for the defendant; and

However, in full view of the various circumstances indicated in the records and arguments of this case, including the Defendant’s age, sex, career, environment, motive and background of the crime, and circumstances after the crime, the first instance court’s punishment is heavier than the Defendant’s punishment, in full view of the following circumstances: (a) the same criminal history of the Defendant’s in-service, as a result of the Defendant’s in-service type, reaches 20 times (10 times of punishment, 10,000 won of fine); (b) the Defendant’s in-service type, who was sentenced to imprisonment for about 10,00 won, was released from prison and released from prison for about 10,00 won; and (c) the degree of damage was not smaller than the previous records or similar cases of the Defendant’s in-service type; (d) the damage was recovered or did not agree with the victims.

shall not be deemed to exist.

Therefore, the defendant's assertion is not accepted.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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