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(영문) 서울북부지방법원 2015.09.23 2015노1046
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the court below does not have any extenuating circumstances such as the fact that the defendant confessions all of the crimes of this case and reflects the fact that the hospital expenses, etc. were urgently required to cause the crime of this case, and that the current age exceeds 70 years, and that the health condition of the victim was not good due to urology, etc. However, even though the amount acquired by deception from the victim is a total of 32.1 million won, there is no agreement with the victim or no repayment of damage until now. It is not good that the defendant has committed the crime of this case, such as preparing a contract document with the victim under the name of the representative director of the FF relatives Association, a representative director, and attaching an official seal, etc. for the crime of this case, the several methods of crime are planned, and the defendant has been punished for the same fraud, and in particular, on January 11, 2013, the Seoul Northern District Court sentenced 10 years of suspended sentence to imprisonment with prison labor, which became final and conclusive on October 19, 2013.

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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