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(영문) 서울북부지방법원 2018.06.28 2018노525

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (a year and August, and confiscation) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. As to the reasons for appeal of this case, the defendant recognized all of the crimes of this case and reflected, and the fact that the defendant agreed with 24 victims and the defendant does not want the punishment of the defendant is favorable to the defendant.

However, the majority of the victims, the amount of damage is a large amount of 400 million won, some crimes occur during the period of repeated crimes, and the crime of this case is very active and planned crimes that are committed by the Defendant directly by deceiving the users of money while operating the gambling site, and the nature of the crime is bad, and the defendant has been punished several times as a crime of this case, and the amount of damage has not been fully recovered (the victims agreed with the Defendant do not have received full payment of the amount of damage) is unfavorable to the defendant.

In addition, considering various sentencing conditions as shown in the arguments of this case, such as the character, conduct, family environment, and motive of the crime, there is no change of circumstances that can be newly considered in the trial of this case, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal of this case is without merit, and it is so decided as per Disposition by the court below [Article 35 of the Criminal Act on the grounds that the defendant's appeal of this case was omitted "(except for Nos. 1013 through 135, 1137, 1138, 1140 through 1149, 1151, 1152, 1154, and 1155 of the Criminal Procedure Act on the grounds that Article 25 (1) of the Criminal Procedure Act is added ex officio after the period of repeated crime is corrected."

참조조문