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(영문) 서울서부지방법원 2017.01.12 2016노1415

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The lower court appears to have determined the sentence, taking into account all the following circumstances, and there is no change in circumstances in the first instance.

In addition, in consideration of various sentencing conditions shown in the records and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant's career, sexual conduct, environment, etc., the lower court's punishment is deemed appropriate and is not unfair to the extent that the lower judgment should be reversed.

The defendant has no record of punishment other than once a fine for fraud.

The defendant agreed with the victim E and J, and repaid the principal of the money obtained by deceit for the victim G.

Most of the defendants recognize the crimes, and have committed a mistake.

However, the total amount of the instant fraud amount is more than 270 million won, and most of the victims have not been recovered even though they are many victims.

The defendant did not attend the trial for a considerable period of time.

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. It is so decided as per Disposition.