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(영문) 서울중앙지방법원 2017.07.06 2016노4656
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (six months of imprisonment) is too unreasonable.

2. The crime of this case is determined that the defendant can purchase D apartment units of Korea Land Trust Co., Ltd. from the victim by multiple contracts, and that the defendant acquired 60 million won through three times under the name of personnel management or gift of the president or employees of Korea Land Trust Co., Ltd., and the crime is not good, and that there is no agreement with the victim, etc. is unfavorable to the defendant.

However, in the appellate trial, the defendant recognized the crime of this case and against it, and requested the victim to purchase the above apartment through F and G to help purchase the above apartment by multiple contracts, and caused the crime of this case, 7 million won out of the total of 10 million won on January 9, 2014, and 17 million won out of the total of 20 million won on January 17, 2014, and 24 million won out of the total of 17 million won on January 17, 2014 was actually delivered to the defendant. Among them, 7 million won was repaid later to the victim later, 30 million won on March 3, 2014, when intending to enter into several contracts on the above apartment with the Korea Land Trust Co., Ltd., Ltd., a corporation must be established, and it was delivered to H with the same record as it is favorable for the defendant, and there is no normal crime.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for the sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair since the sentence imposed by 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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