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(영문) 서울서부지방법원 2015.10.22 2015노1062

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The fact that the judgment of the defendant recognizes the crime and that the amount of fraud is not relatively large is favorable to the defendant.

However, the crime of this case was committed by deceiving the victim that he would sell valuable goods to obtain money from the victim and is not sufficient to commit the crime, and there was a record that the defendant was punished several times including imprisonment for the same kind of crime, and in particular, there is a need to strictly punish the defendant because he again commits the crime of this case during the period of repeated crime due to the same kind of crime, and the fact that he did not agree with the victim or does not recover from damage is disadvantageous to the defendant.

In addition, considering the Defendant’s age, character and conduct, environment, motive and background of the offense, circumstances after the offense, and various sentencing conditions as shown in the pleadings, the lower court’s punishment cannot be deemed to be too unreasonable.

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.