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(영문) 서울서부지방법원 2016.02.16 2015노1786
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year and two months of imprisonment) on the summary of the grounds of appeal is too unreasonable.

2. The Defendant’s confession and reflects each of the instant crimes are factors favorable to the Defendant.

However, in full view of all the sentencing factors that are disadvantageous to the defendant, including the fact that the total amount of the fraud of each of the crimes of this case exceeds KRW 75 million, and that there is a little amount of money, the defendant's career, financial history, etc. against many victims, the fact that there is no agreement with the victims or the fact that there is a previous crime of the same kind of fraud, and there is no change of circumstances that may be particularly considered in the sentencing factors that are unfavorable to the defendant in the trial, and all the sentencing factors that are shown in the arguments of this case, such as the defendant's age, sex, environment, the process and result of the crime of this case, the sentence of the court below against the defendant is appropriate.

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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