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(영문) 서울중앙지방법원 2016.12.09 2016노3434

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of imprisonment with prison labor for the first instance (two years of imprisonment) shall be too unreasonable;

2. The circumstances favorable to the Defendant may be considered as follows: (a) the fact that the Defendant, once in the appellate trial, seems to have recognized all the crimes and repented the mistakes; and (b) the fact that the Defendant, out of the amount of defraudation, has received payment assurance from the relevant business owner with respect to the part used for the sand gathering business.

However, considering the fact that the defendant has been punished several times for the same crime, the defendant committed the crime of this case, which is the same kind without being aware of during the period of repeated crime due to fraud, the crime of acquiring money exceeding KRW 200,000 from the victim who is an old pension life, the crime of acquiring money from the victim who is an old pension is not somewhat weak, and there is no additional recovery of damage after the sentence of the court of first instance, and as such, most of the damage has not been recovered to the appellate court, it is difficult to view that the first instance sentence is too unreasonable, taking into account the records and arguments of this case, such as the defendant's age, character

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

(In accordance with Article 25(1) of the Rules of Criminal Procedure, the first head of the judgment of the court of first instance “two years and six months of imprisonment” shall be deemed “two years and six months of imprisonment”.