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(영문) 서울서부지방법원 2018.03.29 2017노1733

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The judgment of the court below disputing the criminal intent of deception and defraudation, but it is recognized that the circumstance in which the defendant's mistake was broken down and the whole crime of this case was recognized and against the defendant.

However, there was a special change in circumstances that can be assessed differently from the sentencing conditions in the court below because the amount of fraud is a large amount and the amount of fraud is not recovered for a long time, but measures for recovery of damage, such as deposit, were not taken up until the case is in the trial.

It is difficult to see it.

Considering these circumstances, even though considering the fact that the defendant is seriously against the defendant, the punishment of the court below is within the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee (the lowest limit).

In addition, in full view of the following matters: Defendant’s age, sex, environment, details and method of committing the crime, circumstances after the crime, records of punishment, and other records and arguments of this case, it cannot be said that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too unreasonable.

Therefore, the defendant's argument of sentencing is not accepted.

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

However, since the following parts in the column of "a summary of evidence" in the second page of the judgment below are deemed to be clerical errors, it shall be corrected ex officio pursuant to Article 25 of the Regulations on Criminal Procedure.

1. The part of the Defendant’s statement made by the Prosecutor’s Office is deleted, and the part of the Defendant’s statement made by the Prosecutor’s Office is added to “the part of the Defendant’s statement made by the Prosecutor’s Office,” and “the part of the Defendant’s statement made by the Prosecutor’s Office,” which is “1. Investigation Report (the details of I and currency related to the deposit, I and currency), investigation report (the monthly contract