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(영문) 서울서부지방법원 2015.05.14 2014노1682

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) shall be too heavy.

2. The judgment of the defendant led to the confession and reflect of the crime of this case, and the crime of this case is in the concurrent relationship between the present state building and the crime of attempted fire prevention, which was finalized on April 30, 2014, and the latter part of Article 37 of the Criminal Act. The actual profits acquired by the defendant by participating in the crime of this case are only a million won, and the defendant's profits acquired by applying for an auction on the apartment owned by the defendant and recovered KRW 220,808,090, which is favorable to the defendant.

However, the crime of this case is a repeated crime, and the amount of defraudation of this case reaches about KRW 310 million,00,000, and the fact that it is not agreed with the victims is an unfavorable sentencing factor against the defendant.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family environment, etc., it cannot be said that the sentence of the court below 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.