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(영문) 서울서부지방법원 2015.01.15 2014노1365
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for Defendant A, eight months of imprisonment with prison labor for Defendant B, and two years of suspended execution) is unreasonable.

2. The degree of damage suffered by the victims due to the instant case exceeds KRW 200,000,000, and the agreement or recovery of damage was not reached until the trial.

In addition, the sentence of the court below is also imposed in consideration of all favorable circumstances, such as the confession of the Defendants and the repenting of the crimes, the personal gain acquired by the crimes, the crime of this case committed by Defendant A as concurrent crimes under the latter part of Article 37 of the Criminal Act, the crime of this case was not judged together with the same crime subject to suspended execution, and the degree of participation in the crimes of Defendant B is less severe, and there is no change of circumstances in the trial.

In addition, taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendants’ occupation, career, and environment, etc. and various sentencing conditions indicated in the pleadings, the lower court’s punishment cannot be deemed unreasonable.

3. In conclusion, the Defendants’ appeal is without merit and it is so decided as per Disposition under Article 364(4) of the Criminal Procedure Act.

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