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(영문) 서울북부지방법원 2016.06.02 2016노524
사기
Text

The defendant's appeal is dismissed.

The defendant pays 282,910,000 won to the applicant by fraud.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Although there are no circumstances to consider the circumstances such as the defendant's time to commit each of the crimes of this case and the fact that there is no past record of criminal punishment, the amount of the defraudation caused by each of the crimes of this case is considerably larger than 29,3910,000 won in total, the depth of the crime of this case does not reach an agreement with the victims or no recovery from damage, there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the decision of the court below was made, and other various circumstances that form the conditions for sentencing as shown in the records and arguments, such as the defendant's age, sex, sex, environment, motive and circumstance of the crime, means and consequence, and the circumstances after the crime, etc. are examined, the sentencing of the court below is determined within a reasonable and appropriate scope, and it is not determined as unfair because it is excessively unreasonable.

Therefore, we cannot accept the defendant's above assertion.

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, and an application for compensation against the money obtained by deceit of the applicant for compensation filed in the trial of the party is with merit, and it is so decided as per Disposition with the purport of admitting it in accordance with Articles 25 (1) 1, 31 (2) and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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