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(영문) 서울중앙지방법원 2015.06.19 2014노4272
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The abstract of reasons for appeal;

A. The Defendants did not have obtained money by deceiving the victim as stated in the judgment of the court below.

B. The lower court’s each sentence on the Defendants is too unreasonable because of its excessive sentencing.

2. Determination

A. In full view of the facts acknowledged by the court below based on the evidence duly admitted and investigated by mistake of facts, especially the relationship between the Defendants and the victims, the details of the financial transaction, the circumstances before and after the fact, and the financial status of the Defendants, it can be sufficiently recognized that the Defendants deceiving the victims as stated in the judgment of the court below.

Therefore, the Defendants’ assertion is without merit.

B. There are circumstances in which the Defendants already received a letter of unfair sentencing from the victim.

However, there is no special change in circumstances that determine the punishment differently from the original judgment when the amount of the fraud of this case is not written, but it comes to the trial.

In addition, in full view of the motive, means and result of the instant crime, the Defendants’ age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, and all the sentencing circumstances indicated in the records, the lower court’s punishment against the Defendants is too unreasonable.

Therefore, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is without merit and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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