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(영문) 서울중앙지방법원 2017.11.24 2017노3339
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. There are some circumstances that may be somewhat considered in light of the circumstances, such as that the defendant did not have the same power in the judgment and was trying to actually carry out a project related to D's new construction works.

However, although the amount of damage caused by the crime of this case reaches KRW 300 million, most of the damage has not been recovered, and the defendant used the considerable portion of the money acquired through deception for personal purposes, such as repayment of debts related to other construction or living expenses, without the consent of the victim.

In the instant case where there is no change in circumstances that may otherwise determine the punishment of the lower court in the appellate court, such as repayment of additional damages, taking into account the following factors: (a) the Defendant’s age, sexual conduct, environment, family relationship, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;

shall not be deemed to exist.

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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