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(영문) 서울서부지방법원 2015.05.01 2015노382
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) by the court below is too unreasonable.

2. It is recognized that the judgment defendant reflects his mistake and makes a confession of all of the crimes of this case, and that the defendant could not actually retain the profit from the crime of fraud.

However, after the defendant conspired with E and F, it cannot be said that the degree of participation in the crime is small by deceiving the victim by exercising the victim as the representative of D, etc., the damage suffered by the victim was not repaid at all, and there was no agreement with the victim, and there was no circumstance to change the sentence of the court below in the trial. In addition, the crime of this case constitutes "type 1 (less than KRW 100,000)" among "general fraud" among "general fraud" among "type 1 (less than KRW 100,000)" among "general fraud" in the sentencing guidelines, and thus, falls under the basic area as there is no special aggravation in the records.

Therefore, the scope of the recommended sentence is from six months to one year and six months.

In light of the above, it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

(However) In accordance with Article 25(1) of the Rules on Criminal Procedure, the court below’s ex officio dismissed “the pertinent Article of the Act on 1. Criminal Crimes” of Part 3, Part 8 as “the pertinent Article of the Act on 1. Criminal Crimes and the Selection of Punishment,” and Article 347(1) and Article 30 of the Criminal Procedure Act of Part 3, Part 9 as “Article 347(1) of the Criminal Act,” and

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