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(영문) 서울중앙지방법원 2019.06.13 2019노865
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is not planned to commit the instant crime, but annoyer between the child and the mother is in the position to support the instant crime, an agreement between the victim to pay more money than the amount of damage, and the Defendant’s detention period is considerable. In light of various sentencing conditions, the sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant led to confession and reflect on each of the instant crimes, and agreed with the victim immediately before the indictment was made for each of the instant crimes. The victim submitted a written application for the withdrawal of the Defendant’s complaint against the Defendant that the Defendant does not want criminal punishment, as well as the written application for the Defendant’s preemptive action at the lower court.

However, the defendant has been sentenced to punishment for the same crime committed by a method similar to each act of fraud in this case, and some of the crimes in this case constitute a repeated crime, and each of the crimes in this case is not sufficiently sufficient. Under the circumstances where each of the crimes in this case is economically unrepared, as if it would be possible to purchase an apartment at the auction, or transfer the right to purchase an apartment house in the redevelopment area, the victim would have acquired money several times from the victim for about one year and five months, and the crime is very bad, and the total amount of damage is considerably larger than 120 million won. Such circumstances alleged by the defendant as elements for sentencing were already taken into account during the oral proceedings of the court below, and there is no new circumstance to change the sentence of the court below in the trial.

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