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(영문) 서울중앙지방법원 2012.11.30 2012노3683
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is unreasonable. 2. Although the judgment of the court of first instance includes the conditions of sentencing favorable to the defendant, such as the crime of conviction established in the judgment of the court of first instance and the crime of latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the defendant has a variety of criminal records, including the punishment on two occasions due to a similar type of crime, and no damage recovery has been made so far. The victim still has been subject to criminal punishment; the victim has inflicted property damage on the victim using the victim's name; and the victim's use of the victim's name caused damage to the victim's property and forged and used the motor vehicle transfer contract under the victim's name without permission, and other unfavorable sentencing conditions such as the defendant's age, character and behavior, environment, circumstances after the crime, and the motive and circumstance of the crime in this case. Thus, the above argument by the defendant cannot be accepted.

3. Accordingly, we cannot accept the Defendant’s appeal under Article 364(4) of the Criminal Procedure Act.

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