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(영문) 서울서부지방법원 2015.09.17 2015노1010
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant recognized the crime for the first time in the trial and recognized the crime, the damage seems to have been stored in the container of a considerable number of the damage, and the damage is likely to be recovered, and the fact that the defendant is aged, etc. are favorable to the defendant.

However, the crime of this case is a situation unfavorable to the defendant, in which the defendant, in a situation where he does not have any financial ability, is deceiving the victim to pay the price for his own face of Chinese self, and has received his own self by deceiving him, and the method of the crime or the nature of the crime is bad, and the degree of damage is considerably limited to 295 million won, and it is not agreed with the victim up to the trial, even though the degree of damage is very high, and there is no agreement with the victim up to the trial.

In addition, considering various sentencing conditions shown in the records and pleadings, such as the background of the crime, the circumstances after the crime, the defendant's career, character and conduct, health conditions, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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