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(영문) 서울중앙지방법원 2019.02.14 2018노2660

사기

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the various circumstances of this case, the court below’s punishment (one year and two months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized each of the crimes of this case and against the defendant, agreed to the victim F while paying damages to the victim M, the victim M expressed his/her intent that the above victims would not be subject to punishment for the defendant, the victim J partially discharged the damage, and the defendant deposited the victim U as the victim after the closure of arguments in the trial at the trial at the trial at the court at the court at the court at the court at the time of the defendant's deposit amounting to six million won is favorable to the defendant.

On the other hand, on September 29, 2005, the defendant was sentenced to imprisonment of two years and six months with prison labor in Seoul Northern District Court for fraud, etc.; the crime against the victim U constitutes a repeated crime; however, multiple victims have repeated the crime of fraud over several times; the total amount of damage caused by each of the crimes of this case exceeds KRW 157 million; each of the crimes of this case is calculated by several methods, such as his identity and status, and it is deemed that the crime of this case is poor in quality, and that considerable part of the damage amount is not repaid (the victim J expressed its intention not to punish and withdrawn it).

In full view of the following circumstances: (a) the Defendant’s age, character and conduct, environment, and the circumstances and consequences of each of the instant offenses; and (b) all the conditions of sentencing indicated in the instant records and pleadings, such as the circumstances after each of the instant offenses, the sentence imposed by the lower court cannot be deemed to have exceeded the scope of reasonable discretion because the sentence imposed by the Defendant is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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.