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(영문) 서울북부지방법원 2021.03.19 2020노1709

사기등

Text

The defendant's appeal is dismissed.

Reasons

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, there is no particular change in the conditions of sentencing compared with the lower court, as there is no submission of new materials on sentencing to the Defendant in the first instance court, and the lower court exceeded the reasonable scope of discretion, considering all the factors indicated in the arguments in the instant case including various circumstances considered in the sentencing.

It does not seem to be too unreasonable.

In particular, this is more so taking into account the fact that the amount of damage reaches 16.6 million won in total, and the fact that the victims of each of the instant fraud have not been recovered from the limited damage until now.

Therefore, the defendant's assertion is without merit.

Therefore, 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. It is so decided as per Disposition.