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(영문) 서울중앙지방법원 2017.08.10 2017노1182
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable.

Judgment

The crime of this case is committed with respect to the defendant's pro rata with members of the National Assembly, and is committed by the public corporation.

It is not good to commit the crime by deceiving the damaged person and deceiving him about 40 million won from the damaged person, and the fact that he has been punished for the same crime is disadvantageous to the defendant.

However, in light of the fact that the defendant recognized the crime of this case and reflected against the defendant, that the victim paid approximately KRW 24 million to the victim and agreed smoothly with the victim (Evidence No. 76 of the evidence record, reference materials for the victim on July 13, 2017), that are economically difficult for the recipient of basic living, and that the elderly health is not good (Provided, That the favorable circumstances are already reflected in the sentencing of the court below). In addition, considering the following circumstances, the court below’s sentencing did not change any special circumstances to change the sentence, and the defendant’s age, environment, sex behavior, motive for the crime, circumstances before and after the crime of this case, etc., the defendant’s assertion is not acceptable since the sentence imposed by the court below is too 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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