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(영문) 서울중앙지방법원 2016.11.24 2016노3473
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. In full view of all the sentencing conditions in the records and arguments of this case, including the Defendant’s age, occupation, character and conduct, family relationship, and circumstances after the crime, the lower court’s sentence against the Defendant is deemed appropriate.

Defendant’s assertion is without merit.

The favorable circumstances: It is difficult to see that the victims have actively expressed their intent to defraud, and there are circumstances to consider the circumstances leading to the crime of this case; the defendant continued to engage in monetary transactions with the victims, and paid a considerable amount of money (the amount paid to the victims under the pretext of the principal and interest of the obligation after 2010 exceeds 450 million won) to the victims; the victim I and L agreed at the court below; the victims wanted the Defendant's wife; the victims have no record of punishment for the crime; the fact that the amount of the fraud exceeds 60 million won in total; the fact that the amount of the fraud exceeds 60 million won; the victim K (480 million won in total); there is no agreement not to recover any significant part of the amount of the acquired money; and there is no change in circumstances in the appellate trial.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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