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(영문) 서울중앙지방법원 2018.02.02 2017노4246
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal is too unreasonable because the sentence imposed by the defendant (one and half years of imprisonment) is too unreasonable.

2. The fact that the defendant agreed with the victim D during the original trial process (the amount of damage KRW 70 million) is favorable to the defendant.

However, although the total amount of the remaining damage except the above agreed portion reaches KRW 160,000,000, there was an additional agreement with the victims or an effort to repay the damage.

Unless there are circumstances to view, the Defendant committed the principal offense again during the period of repeated crime due to fraud, even though he had been punished several times for the same crime, and even considering all the sentencing conditions shown in the records and theories of the instant case, the Defendant was found to have exceeded the scope of reasonable discretion in sentencing by excessively leaving the Defendant’s punishment sentenced by the lower court and exceeding the scope of reasonable discretion in sentencing.

It is difficult to see it.

Therefore, the defendant's assertion is not accepted.

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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