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(영문) 서울서부지방법원 2015.09.11 2015노819
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The fact that the defrauded amount caused by each of the instant frauds in this case amounts to KRW 323 million and the amount of damage was not fully repaid, and the victim H, J, and R still wanted to punish the Defendant, etc. is disadvantageous to the Defendant.

However, since most victims, including victims E, wish to withdraw a complaint against the defendant from the court below before the court below to punish the defendant so that the defendant can repay the amount of damage, the defendant further agreed with the victim K for the first time with the victim K for the first time, the total amount of damage suffered by the victims who have not yet withdrawn the complaint against the defendant is less than 1/10 of the total amount of damage, and the victims may be punished more than 10 times of the total amount of damage, and the victims may be punished by 10 times of the investment, it seems that they are partly responsible for the occurrence and expansion of damage, such as trust of the words of the defendant and delivery of the investment money, without thorough examination of profitability and possibility of recovery of principal, it appears that the defendant actually left Cambodia and made efforts to make an enterprise investment proposed to the victims, and it appears that it is true that the defendant has made full efforts to accept the victims' repayment of the damage due to his mistake in the court below, and it is recognized that the defendant has committed the crime of fraud and behavior in this case after considering the motive of each of this case.

The defendant's above assertion is with merit.

3. Thus, the defendant's appeal is justified.

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