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(영문) 서울동부지방법원 2017.03.31 2017노141
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of 6 months sentenced by the court below to the defendant is too unreasonable.

2. The instant case is a case in which the Defendant, as a leader of the number system, deceiving three victims in total in spite of the fact that the Defendant had no intent and ability to pay the fraternity money, and acquired the total amount of KRW 8,01.50,000 by deceiving them as a fraternity.

Under the circumstances favorable to the Defendant, the lower court sentenced a six-month sentence to the Defendant, taking into account (i) the fact that the Defendant recognized all crimes in an investigative agency and a court; (ii) partly repaid money to the victims (payment of KRW 4.5 million to the victim C; KRW 10.1 million to the victim D); and (iii) the fact that the health of the victims is not good; (iv) the injury was not fully recovered or agreed in bad circumstances; and (iv) the history of the Defendant was sentenced to a fine due to a crime of fraud, a violation of the Labor Standards Act, three times in recent years.

In full view of the above various circumstances, the sentencing of the lower court seems to have been appropriately determined by fully considering these circumstances, and it is difficult to find any special changes in circumstances to the extent that the above punishment is to be changed.

In the end, the defendant's argument of sentencing is not acceptable.

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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