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(영문) 서울서부지방법원 2017.02.09 2016노1508
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below was based on the favorable circumstances such as the confession of all of the crimes of this case and the violation of his mistake, and the victims did not punish the defendant by agreement with the victims. However, even though the defendant did not have any intent or ability to establish an agency for the mountain uniforms of this case, if he did not have such intent or ability, he could have such intention or ability, and acquired large amounts of money by deceiving the victims for a long time, and forged the agency contract and exercised it, etc., which are very poor in the nature of the crime. The amount of the fraud of this case exceeds 20 million won, the amount of money received from the victims exceeds 20 million won, the defendant used the money for personal purposes, such as living expenses, gambling expenses, light expenses, etc., the actual damage recovery is not deemed to have been made, and the defendant's age, career, sexual behavior, environment, motive for the crime of this case, and all the conditions of sentencing and the records after the crime of this case, etc. are determined to be adequate.

Therefore, the defendant's argument of sentencing 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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