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(영문) 서울서부지방법원 2012.11.20 2012노998
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal: (a) the sentence of the lower court against the Defendant (one year and six months of imprisonment) is too unreasonable, taking into account the fact that the Defendant has a depth of his fault and family to support the Defendant; and (b) there are family members to support the Defendant.

2. The judgment of the court below, even though the defendant had been sentenced several times of habitual frauds, has been repeatedly committed several times in a short period, and each fraud committed against the victim M and R has been committed several times for a long time, and the total amount of the acquired money was not agreed with the above victims even if the above victims were named and the damage was not recovered. According to the sentencing standards set by the Supreme Court Sentencing Committee, according to the following sentencing standards set forth in the Supreme Court Sentencing, the decision of the court below was sentenced more than the lower court in June to July, 200, taking into account the following factors: the defendant's age, character and behavior, method and method of crime, and criminal records, it is not unreasonable that the sentence of the court below against the defendant is too excessive, and thus the defendant's above assertion is not reasonable.

The sentencing guidelines No. 1 (Determination of Punishment for Victims M and R of the same Cumulative Cumulative Aggravation for Fraud) [Determination of Punishment] Types 2 (100 million won or more and less than 500 million won): [Determination of Punishment for a considerable period of time] [Determination of Punishment for a considerable period of time] Where a person has repeatedly committed a crime for a considerable period of time] [Determination of Punishment for a considerable period of time] 2 years and six months to six years [Determination of Punishment for a Victims D, J and G] 2 crime (each of the types of non-retakeive frauds to a victim D, and G] Reduction element of Punishment for a Fraud 1 (a special person of less than 100 million won): Reduction [Determination of Punishment for a Victims] Mitigation [Determination of Punishment for a Person of Recommendation] Reduction [Determination of Punishment for a Specific Document] [Determination of Punishment for a Person of Violation 3] from January to one year [Determination of Punishment for a Private Document]

3. Accordingly, the defendant's appeal is justified.

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