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(영문) 서울중앙지방법원 2013.07.05 2013노1760
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The judgment of this court does not contain any history of criminal punishment against the defendant beyond a similar type of criminal power and fine, and even though the defendant paid 53 million won to the victim, it appears that the court of first instance has determined the sentence in consideration of these circumstances. The defendant's assertion that this issue is raised cannot be accepted, in full view of the following factors: (a) the amount of fraud, the background and method of the crime; (b) the defendant's age, character and conduct, environment, family relationship; and (c) the defendant's age, character and conduct, how the crime was committed; and (d) the defendant's motive, means and consequence of the crime in this case; and (b) the circumstances after the crime were committed.

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

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