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(영문) 서울서부지방법원 2015.07.09 2015노451
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The following facts are that the Defendant is aware of all of the crimes, and the Defendant used the defrauded amount of this case to return it to the previous service contractor, and does not appear to have used it individually, and there are circumstances to take some of the circumstances into account the circumstances of the crime, such as setting up a collateral security upon receiving money from the victim. The fact that the crime of this case must take into account the equity between the case and the case where the Defendant simultaneously ruled in the concurrent relationship with the previous criminal offense of Article 37 of the Criminal Act, which is the previous criminal records in the holding

However, there are criminal records of the defendant, the damage amount to KRW 160,000,000, etc. was not agreed with the victim even to the extent of the damage, and a considerable number of damage has not been recovered, etc. are disadvantageous to the defendant.

In addition, considering the motive and circumstances of the crime, the means and consequence thereof, the circumstances after the crime, the defendant's age, career, character and conduct, environment, etc., as well as various sentencing conditions shown in the records and arguments, the sentence of the court below is too unreasonable.

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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