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(영문) 서울서부지방법원 2017.01.26 2016노1213
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, in collusion with the co-defendant D of the lower judgment, did not deceiving the victim FF, G, or H, and did not have obtained a total of KRW 96 million from the victims, the lower court found the Defendant guilty of the instant facts charged by misunderstanding the facts.

B. The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The defendant argued that the judgment of the court below is erroneous, and the court below rejected the above argument in detail under the title "the judgment on the defendant's and his defense counsel's assertion". In light of the above judgment of the court below in comparison with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts and affected the conclusion of the judgment, contrary to the defendant's assertion.

subsection (b) of this section.

Therefore, the defendant's assertion of facts is without merit.

B. It is recognized that the defendant deposited KRW 10 million for the victim F in order to determine the unfair argument of sentencing, and only the defendant was punished by a fine, etc.

However, the crime of this case is not unfair because the defendant used the trust relationship with the victims who were high school, and the nature of the crime is bad, that the defendant does not seem to be genuine, that the damage of this case was not completely recovered, that was not agreed with the victims, and that the defendant's age, sexual conduct, environment, the circumstances and result of the crime of this case, and the circumstances after the crime, etc. are considered as a whole. Thus, the defendant's improper assertion of sentencing is not justified.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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