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(영문) 서울북부지방법원 2017.04.14 2017노281
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. Determination

A. There is no significant change in circumstances to consider the sentencing of Defendant A after the lower judgment by Defendant A.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

Therefore, the defendant's argument of sentencing is not accepted.

B. After the lower judgment, the Defendant deposited KRW 10 million for a new bank for the victim.

However, considering all the circumstances asserted on the grounds of appeal, including changes in favorable circumstances to the defendant, the lower court’s punishment cannot be deemed unfair on the ground of appeal, in light of the following factors: (a) examining the sentencing conditions as indicated in the record and the theory of change in the amount of compensation, including the total amount of damage caused by the instant crime and the amount of money recovered up to the present;

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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