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(영문) 서울중앙지방법원 2016.01.15 2015노3876
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the fraud of the victim D, Q, and T, the Defendant did not deceive the victims, nor did he had the intent to commit fraud.

B. The lower court’s improper sentencing is too unreasonable.

2. Determination

A. In full view of the objective circumstances, such as the relationship between the Defendant and the victims, the Defendant’s speech and behavior at the time of receiving each of the instant money, the situation before and after it, and the Defendant’s property status, in light of the evidence duly admitted and investigated by the lower court, the fact that the Defendant deceivings the victims D, Q, and T as indicated in each of the lower judgment is sufficiently recognized.

Therefore, the defendant's assertion of facts is without merit.

B. Sentencing: (a) the fact that the criminal defendant committed fraud against the victim K, L, M, and N, (b) the criminal defendant could have been subject to suspended execution and fine due to the same criminal act, but all of them have passed for more than 30 years; (c) there was no previous conviction after 2000; (d) the criminal defendant paid money as interest, or made some efforts to recover damage by repaying the principal part of the principal.

However, the victims were seven victims due to each of the crimes of this case, and the total amount of damage was up to 690 million won in total, but the victims did not have been able to recover the damage. The victims did not receive a letter of relief from the victims up to the trial of the party.

In addition, considering the motive, means and result of the instant crime, the Defendant’s age, sexual conduct, environment, health status, previous convictions, and circumstances after the instant crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's improper assertion of sentencing is without merit.

3. The Criminal Procedure Act provides that the Defendant’s appeal is groundless.

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