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(영문) 서울중앙지방법원 2018.09.13 2018노1688

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The Defendant acknowledges the mistake and reflects his gender, and only one time of a fine of different kind.

The judgment below

After the decision, the Seoul Guarantee Insurance paid approximately KRW 260,000,000 to the defendant's pro-friendly M-owned land in the compulsory auction procedure, and the amount of the indemnity liability that the victims bear with respect to Seoul Guarantee Insurance has decreased considerably.

However, as the court below properly stated, the circumstances that the defendant was disadvantageous to the defendant, and the defendant's argument that the sentencing of the court below is unfair, are most present during the oral proceedings of the court below, and the court below seems to have sentenced the punishment by taking this into account.

In addition, considering the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, all of the sentencing conditions indicated in the records of the instant case, the sentence imposed by the lower court cannot be deemed unfair on the ground that the sentence was too unreasonable even in light of the circumstances favorable to the Defendant prior to the crime.

3. 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 groundless.