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(영문) 서울서부지방법원 2015.09.24 2015노1077

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the judgment of the accused recognizes all of the crimes and reflects the fact that the accused is favorable to the accused.

However, each of the crimes of this case is that the defendant, while emphasizing the victims' financial power, acquired money in the name of the borrowed money or the expense, and used it for gambling money, and there is no sufficient way to commit the crime or the nature of the crime, and that the total amount of the acquired money of this case does not reach the victims or did not recover from damage even though the degree of damage is very high, up to the trial, and there is a history that the defendant did not agree with the victims or did not recover from damage. The defendant has been punished four times for the same crime. One of them is punished by imprisonment with prison labor, and the fraud of the victim L is punished by imprisonment with prison labor. The crime of fraud against the victim is committed during the period of the same repeated crime. Although the defendant is responsible for the payment of the money payable to the victim L even in G, the defendant is responsible for the payment of the money payable to the victim D corporation, but in light of the circumstances of the crime, such as the defendant's first investing in theO operating the company and finding the victim D as the delivery of the goods.

In addition, taking account of various sentencing conditions shown in the records and pleadings, such as the Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime, the sentence of the lower court is too unreasonable.

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