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(영문) 서울서부지방법원 2015.10.08 2015노949
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) shall be too heavy.

2. The fact that the defendant recognized all of the crimes and expressed against the judgment, there is no record of punishment heavier than the suspension of the execution of imprisonment, the fact that the victim was returned to the victim of the defrauded's money, and that the victim did not entice the victim from the beginning is an element of sentencing favorable to the defendant.

However, it is an element of sentencing that the defrauded has reached KRW 100 million and has not yet been recovered from the damage equivalent to KRW 90 million, has not been agreed with the victim, and there is no changed situation after the judgment of the court below.

In addition, considering all the sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, criminal records, and motive of crime, it cannot be said that the sentence of the court below is too unreasonable.

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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