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(영문) 서울서부지방법원 2016.09.01 2016노615

사기

Text

The defendant's appeal is dismissed.

The defendant shall pay 150,000 won to the applicant for compensation by deceit.

3.2

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The lower court appears to have determined the sentence, taking into account all the following circumstances, and there is no change in circumstances in the judgment.

In addition, considering various sentencing conditions shown in the records and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant's career, character and conduct, environment, etc., the lower court's punishment is deemed appropriate and it cannot be deemed unreasonable to the extent that the lower judgment should be reversed

Although the defendant had been sentenced several times of punishment for the same crime, he again committed the crime of this case within the period of repeated crime.

The victims did not recover from their damage completely.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that there is no reason to appeal, and since an application for a remedy order filed in the trial is well-grounded, it is ordered to compensate 150,000 won by deceitation against the defendant in accordance with Articles 25 (1) 1 and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and provisional execution is attached to the above remedy order in accordance with Article 31