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(영문) 서울중앙지방법원 2018.01.18 2017노3375
사기
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the summary of the grounds for appeal (two years of imprisonment) is too unreasonable.

Judgment

The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant deceivings the victim F and defrauds the 300 million won, and that the amount of fraud is not sufficient, and that there is no agreement with the victim.

However, in the appellate trial, the defendant recognized the crime of this case and reflected against the defendant, the fact that there was no criminal history at the time of the crime of this case, the fairness in the case of the judgment at the same time with the final judgment of embezzlement should be considered, and the fact that the defendant paid 30 million won to the victim via E introducing the victim (the prosecutor evidence No. 13 and the evidence No. 27 of the evidence record) are favorable to the defendant.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair because the sentence imposed by the court below is too unreasonable

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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