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(영문) 서울서부지방법원 2015.10.29 2015노1141
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, and the community service order of 80 hours) declared by the court below is too unreasonable.

2. The fact that the defendant led to the crime and repented, and that the full amount of damage was deposited for the victim, etc. is favorable to the defendant.

However, the fact that the amount of defraudation is not less than 50 million won and the damage amount is not less than 50 million won, the defendant committed again the crime of this case even though he has been sentenced to imprisonment two times with prison labor due to the same crime, and has been sentenced to a fine, in view of the method and circumstances of the crime, it is not good that the crime of this case is committed, and the circumstances after the crime are not good, such as personal use of the money acquired by the defendant through the crime of this case, and saving contact with the victim and escape. Although the victim submitted to the investigative agency a letter of cancellation of complaint and a written application for non-compliance with the conditions presented by the defendant, it is impossible to implement the agreement presented by the defendant, and thus, it does not reach an agreement with the victim,

In addition, considering the various sentencing conditions shown in the records and pleadings, such as the age, career, character and conduct, the means and consequence of the crime, the sentence of the court below cannot be deemed unfair because it 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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