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(영문) 서울서부지방법원 2015.12.24 2015노1557

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The following facts are favorable to the Defendant: (a) the Defendant’s recognition of all crimes and reflects the Defendant; (b) the Defendant did not have any same criminal record; and (c) only one criminal punishment of a fine was imposed for a violation of the Punishment of Violences, etc. Act, 1993; and (d)

However, each of the crimes of this case is an unfavorable circumstance to the defendant, such as: (a) the defendant was present in the same church while approaching the victims who are not aware of the detailed situation; and (b) the means and methods of deception by the defendant; and (c) the criminal quality is not very good in light of the contents of the crime; (d) the total amount of the fraud of this case was not less than 70 million won and it did not reach an agreement with the victims or recovery of considerable damage up to the trial; and (e) the defendant's failure to comply with the demand of the investigative agency for attendance after committing the crime, and is not good enough to the circumstances after committing the crime.

In addition, considering the various sentencing conditions shown in the records and pleadings, such as the defendant's age, career, character and conduct, environment, family relationship, etc., the sentence of the court below 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.