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(영문) 서울동부지방법원 2016.07.14 2016노485

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. In light of the circumstances favorable to the defendant, such as the fact that considerable of the damages related to the fraud of this case and the receipt of similar amounts were returned to the victims, and the actual amount of actual damage of the victims seems to be much less than the amount stated in the criminal facts. Some victims are those who had experience in receiving similar amounts in multi-stage similar recipients, and the majority victims are responsible for the investment of high-income commitments to the extent that they could not have been expected in the normal course of investment, and the agreement with the victims Y is reached, even though considering the favorable circumstances of the defendant, the victims related to the fraud of this case and the receipt of similar amounts are many victims, the amount of damage exceeds 1.30 million won, and the amount of the damage caused by the fraud of the victims M and R exceeds 8,000 won in total, and the defendant who has the record of punishment due to fraud, etc. again committed the crime of this case during the period of a repeated crime, it is unreasonable that the court below's judgment is more unfair than the lower limit of the sentencing guidelines.

3. According to the conclusion, Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that it has no reason to file an appeal, and is so decided as per Disposition (Provided, That there is a clear part of the judgment of the court below that it is clerical error and omission, so the judgment of the court below is in collusion with JJ on the same criminal facts in collusion with “156, 164, 168, 169, 174, 176, 178, 163, 168, 173, 175, 177, 187, 185, 184, 184, 1269, 1269, 14, 176, 176, 178, and 177, 205, 201, 205, 2015, 204, etc.).”