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(영문) 서울북부지방법원 2016.03.24 2015노2292

사기

Text

The defendant's appeal is dismissed.

The defendant will pay 27,300,000 won to the applicant D.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months and confiscation) is too unreasonable.

2. Although there are no circumstances to consider the circumstances such as the Defendant’s recognition of all of the instant crimes and the Defendant’s history of punishment once a fine is imposed on the Defendant when the judgment on the grounds of appeal was made in the first instance trial, the victim’s commission of punishment was limited to 65 million won since the Defendant did not agree with the victims, and the amount of damage was rarely not recovered. In full view of all other circumstances, including the Defendant’s age, sex, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too excessive and unfair.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the application for a remedy order by deceit of the applicants for compensation filed in the trial is with merit. Thus, pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, this shall be quoted, and with respect to a provisional execution, it is decided as per the disposition by applying Article 31 (3) of the above Special Cases Concerning the Declaration of Provisional Execution (Provided, That the "H" in Chapter 3 of the judgment of the court below is obvious that the defendant held office in error of "E", and it is corrected ex officio pursuant to Article 25 (1) of the Regulation on Criminal Procedure).