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(영문) 서울서부지방법원 2018.10.04 2018노808
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The defendant appears to have the attitude of recognizing and opposing his mistake, and the victim C, D, and E have paid part of the amount of damage and have promised to pay the remainder in installments, and the victims want not to be punished against the defendant, and the defendant must take into account the circumstances favorable to the defendant that there is no specific criminal record, in addition to two times of fines.

However, the crime of this case is not suitable for the crime to be committed by deceiving a large amount of money using personal trust relationship with victims for the purpose of raising money for gambling such as sports discussions, etc., and the amount of damage not paid despite the agreement is about KRW 90 million and the actual damage recovery is not fully performed. The victims suffered considerable mental damage by receiving a heavy demand for repayment from the lending company due to the crime of this case. Some victims are disadvantageous to the defendant, such as applying for personal rehabilitation.

The lower court appears to have rendered a sentence by referring to the sentencing guidelines set by the Supreme Court sentencing committee, taking full account of the aforementioned various circumstances of the Defendant, and comprehensively examining all other matters that constitute the sentencing conditions set forth in the records and theories of the instant case, including the Defendant’s age, sex, environment, circumstances and result leading to the Defendant’s crime, circumstances after the crime, family relationship, and possibility of recidivism, in light of the balance of the above sentencing guidelines and the general criminal punishment in the same and similar cases, the lower court’s judgment of sentencing exceeded the reasonable bounds of its discretion.

It can be seen that there are circumstances such as evaluation or the maintenance of the judgment of the court below as it is deemed unfair.

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