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(영문) 서울서부지방법원 2018.01.25 2017노1456
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the Defendant led to the confession and reflect of the instant crime, the elderly, and most criminal proceeds from the instant crime appear to have been acquired by C, who is an accomplice.

However, in light of the fact that there are several criminal records, including the defendant's punishment, the crime of this case is planned, organized, and highly poor in its nature in light of the method of criminal punishment, and the amount of fraud of the crime of this case is the total of KRW 115 million,00,000,000, not until now, damage reimbursement to the victim has been made. There is no change of circumstance that is favorable to the defendant in the trial, and there is no other change of circumstance that is considered favorable to the defendant. In full view of the various factors of sentencing as shown in the arguments of this case, such as character, character, environment, criminal record, the course and consequence of the crime of this case, the circumstance after the crime, etc., the court below's punishment is too

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

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