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(영문) 서울서부지방법원 2018.04.05 2017노1687

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The judgment of the court below disputing the criminal intent of deception and defraudation, but it is recognized that the circumstance in which the defendant's mistake was broken down and the whole crime of this case was recognized and against the defendant.

However, even though the amount of fraud is a large amount and has not been recovered for a long time, there was no agreement with the victims or no measures to recover damage, such as deposit, until the case is in the trial, and there was a special change in circumstances that could be evaluated differently from the sentencing conditions in the court below, since the victims demanded the strict punishment of the defendant

It is difficult to see it.

Considering these circumstances, the punishment of the court below is within the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee even if the defendant considers that the defendant is against his or her will.

In addition, in full view of all the records of this case, including the defendant's age, sex, environment, background and method of committing the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, 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 without merit. It is so decided as per Disposition.