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(영문) 서울중앙지방법원 2019.05.24 2019노742
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below against the accused of the gist of the grounds for appeal is too unreasonable;

(2) On October 2, 2013, the Defendant sent approximately KRW 19,690,00 in total to the victim from October 2013 to May 2016 to May 2016, 2011, the Defendant appears to have been aware of the facts at the first instance trial. The Defendant appears to have committed the instant crime, which was found to have been erroneous, and there is a need to consider equity with the case where the judgment was rendered simultaneously with each of the crimes for which the judgment became final and conclusive. On the other hand, in addition to the amount of the damage repayment amount of KRW 50,00,000 (the victim was present and testified in the court) recognized by the lower judgment, the Defendant is recognized.

Meanwhile, in full view of the sentencing factors indicated in the argument process of the instant case, including the Defendant’s age, character and conduct, environment, motive for committing the instant crime, and circumstances after committing the instant crime, the lower court’s punishment against the Defendant is too unreasonable by exceeding the reasonable scope of discretion and exceeding the reasonable scope of discretion to the effect that the Defendant’s total remittance amounting to KRW 19,690,00,00, which is the sum claimed by the Defendant to the effect that the damage was recovered in addition to the repayment amount as indicated in the lower judgment, is not the amount newly repaid after the lower judgment was rendered (see, e.g., Supreme Court Decision 434 pages).

The defendant's assertion of unfair sentencing is without merit.

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

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