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(영문) 서울중앙지방법원 2016.10.13 2016노2555

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) imposed by the court below is too unreasonable.

2. The judgment of the court below concluded that the defendant paid 2,180,000 won to the victim I around June 17, 2004, and 3,612,500 won to repay 20 million won out of the principal amount with the victim (Evidence No. 5,13 of Evidence No. 2016 high-class 2008). The defendant paid 2,612,500 won to the victim and agreed that the defendant paid 100,000 won out of the principal amount (Evidence No. 5, 13 of Evidence No. 2008), since there are favorable circumstances that are favorable to the defendant, such as the fact that the defendant had no history of punishment for the same kind of crime, but the defendant did not have any significant liability in light of the circumstances leading to each crime of this case, fraudulent method, damage amount before or after departure from Korea, and that the defendant did not reach 110,000,000 won or more of the defendant's basic sentencing guidelines (the defendant did not reach 200,0,0,000,0 billion won or more.

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