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(영문) 서울중앙지방법원 2018.05.17 2018노661
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant is recognized as all the facts of the crime and divided, and there is no other history of criminal punishment except for the crime of violation of the Registration of Loan Business and the Protection of Financial Users Act in 2009, and there is room for favorable consideration to the defendant, such as the fact that the defendant would have paid the principal or interest of the loan obtained through deception to the victim C, E, and F, or that the sum of 300 million won exceeds 300 million won.

However, in full view of the following circumstances: (a) the Defendant committed the instant crime for a considerable period using trust relationship with the victims; (b) the amount acquired by the Defendant from the victims exceeds 600 million won in total; (c) the considerable portion of the amount acquired by the Defendant appears to have not been repaid to the present time; (d) the use of part of the amount acquired by deception as entertainment expenses or gambling funds; and (e) other circumstances, which are the conditions for sentencing specified in the instant records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances, and consequences of the crime; and (e) the sentence imposed by the lower court is too unreasonable.

The above assertion by the defendant is without merit.

3. According to the 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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