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(영문) 서울동부지방법원 2015.10.15 2015노1010
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for the defendant and two years and six months, which were sentenced by the court below, are too unreasonable.

2. As to the grounds for appeal, there are extenuating circumstances, such as the confession of a crime, the Defendant’s mistake is divided, the primary offender is the support for the project of birth in the city, the support for the Si parent and the Si parent hospital expenses, etc., and again repeats the return of the money received under the name of investment, which led to the instant case, and the Defendant’s health conditions are not good due to heart diseases, and the repayment of approximately KRW 290 million with interest and principal.

However, examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the defendant's age, character and conduct, environment, motive, means and consequence, etc., the sentence imposed by the court below against the defendant is appropriate and its determination is not unreasonable, in light of the fact that the victim is a majority of the victims, the amount acquired is more than KRW 80 million, the nature of the crime is not good in light of the method of deception, the agreement with the victims or the recovery of damage is not made properly.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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