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(영문) 서울서부지방법원 2015.09.11 2015노1050
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court’s sentence against the Defendant is too unreasonable.

2. In the first instance of the Defendant’s judgment, the fact that the Defendant led to confession of the instant crime and reflects his mistake is favorable to the Defendant.

However, the amount of damage not paid to the victim is still up to 647 million won (the defendant and his defense counsel claimed that the defendant paid all the amount of damage caused by the crime of this case by transferring multi-household C in Eunpyeong-gu Seoul, a husband-owned P to the victim, but the obligation settled due to the transfer of the above multi-household house is separate obligation that the defendant bears to the victim, and it is irrelevant to the amount of damage caused by the fraud of this case), the victim is punished, the special circumstances do not suggest the change of the sentence of the court below at the trial, and the basic area of the sentencing guidelines at the court below, the scope of the recommended sentence [the range of the recommended sentence of general fraud type 2 (at least KRW 10,500, but less than KRW 500: 1 year: 4 years of imprisonment): Other factors such as the defendant's character and behavior, the method of the crime of this case, and the circumstances after the crime of this case are considered as inappropriate even if the punishment of the court below is too unfair.

Defendant’s assertion 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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