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(영문) 서울중앙지방법원 2014.10.02 2014노2641

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. Examining the following circumstances in light of the determination on the grounds for appeal, the Defendant’s assertion is not acceptable on the ground that the sentence imposed by the lower court is unreasonable.

The nature of the crime is pleasure. The amount of fraud is high (9.5 million won) and the damage recovery and agreement is not reached (the repayment of KRW 50,000,00,000 claimed by the Defendant is difficult to be deemed to be the repayment of the above money). The same criminal record and one time. The scope of the recommended sentence in the sentencing guidelines falls within the range between six months and one year and six months (the basic area of less than KRW 100,000,000). The punishment determined by the lower court appears to have taken into account all favorable circumstances and unfavorable circumstances for the Defendant, and there is no change in special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment. 3. The Defendant’s appeal is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act and is so decided as per Disposition.