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(영문) 서울중앙지방법원 2018.01.26 2017노4511
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The Defendant alleged that the Defendant, a co-defendant of the lower judgment, directly deceptioned the victim, and did not conduct an expert behavior that could allow the Defendant to increase the investment amount against the victim. However, according to the recording of dialogue between the Defendant and the victim, the Defendant may also be deemed to have directly participated in the deception against the victim.

There is no circumstance that the defendant agreed with the victim or endeavored to recover from damage until the trial of the party, and the defendant has been punished for the same kind of crime, and the defendant committed the crime of this case again during the repeated crime due to fraud, and considering the various sentencing conditions as shown in the records and changes of the case, such as the fact that the amount of fraud fraud was consumed by entertainment expenses, etc., the defendant consumed all of the amount of fraud fraud by entertainment expenses, etc., the sentence of the court below is too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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