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(영문) 서울중앙지방법원 2020.01.16 2019노3378
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and six years) by the lower court is too unreasonable.

2. In a case where there is no change in the sentencing conditions compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). No particular sentencing data is submitted in a trial, and there is no change in the conditions of sentencing compared to the original judgment, as the relevant sentencing data is not submitted.

(1) The Defendant paid KRW 30 million to the victim F. The Defendant already reflected in the lower judgment’s sentencing, and sending half of the amount that the Defendant received from the said victim to K is difficult to be deemed to have an impact on the sentencing). Considering the circumstances and results of the instant crime, including the fact that the Defendant acquired a large amount of money against many victims, including the head and mother, and re-offendered during the period of repeated offense due to the same kind of crime, the circumstances, Defendant’s age, character, conduct, family relationship, etc., the lower court’s punishment is too large, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed.

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