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(영문) 서울북부지방법원 2015.05.28 2015노209

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment imposed by the court below on the defendant (the community service order of two years and eight hours under the suspended sentence for six months of imprisonment) is too unreasonable.

2. The judgment of the court below is relatively old and is relatively old, and the defendant has already deposited KRW 18 million in the court below for the victim, and may be deemed that part of the amount of damage has been compensated by deposit of additional KRW 3 million in the court below. However, the defendant has already been punished by imprisonment and fine several times due to the same kind of crime. Each of the crimes of this case by the defendant has been committed six times from December 16, 2009 to May 11, 201, by deceiving the victim, and by receiving or remitting KRW 32,40,000 from the victim as a loan borrowed money, and the crime is deemed as bad and bad, and even if five years or more have already passed since then, the damage has not yet been recovered, and the defendant's motive and circumstance leading to each of the crimes of this case, the motive and circumstances leading to the crime of this case, and the circumstances that the court below committed the crime of this case cannot be considered to have been too unfair and unfair.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, among the judgment of the court below, it is clear that it is the error of "P" J, so it is correct to correct it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure, since it is clear that it is the error of "P" among the methods of acquiring the