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(영문) 춘천지방법원 강릉지원 2016.02.04 2015노763
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. A favorable circumstance exists, such as the fact that the defendant led to confession and reflects by the judgment, that the defendant did not have the same criminal record, that there was no criminal record other than the first one, and that there was a high possibility of actual burden of damage of this case when the judgment was made.

However, in full view of the circumstances that the Defendant committed each of the instant fraud by forging documents or stealing passwords using trust relationship with C, etc., and the gross defrauded amount of the instant fraud amounting to KRW 40 million, etc., disadvantageous circumstances such as the motive and background leading up to the instant crime, circumstances before and after the instant crime, and other factors of sentencing as indicated in the instant case, such as the Defendant’s age, sexual behavior, environment, etc., even considering the favorable circumstances as seen earlier, the lower court’s punishment cannot be deemed unfair because it is excessively unreasonable.

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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