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(영문) 서울중앙지방법원 2015.08.27 2015노485

사기

Text

The defendant's appeal is dismissed.

Reasons

The defendant asserts that, on the grounds of the appeal of this case, the court below's punishment (one year of imprisonment with prison labor for six months and one year of suspended execution) against the defendant is too unreasonable.

However, the crime of this case that the defendant deceivings the victim with the amount of KRW 47,300,000 by deceiving the victim is not less than that of the crime of this case.

However, it is against the defendant's mistake in depth, and the victim does not want the punishment of the defendant by mutual consent with the victim in the original trial.

In full view of the aforementioned circumstances, the court below’s sentencing is too unreasonable beyond the reasonable scope of discretion, as it did not change compared to the court below’s judgment in light of the following: (a) the background and method of the instant crime; (b) the degree of damage and the recovery of damage; (c) the motive and motive for the instant crime; and (d) the Defendant’s age, character and conduct, career, home environment, and history of punishment; and (d) the overall circumstances, which

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.