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(영문) 서울동부지방법원 2020.06.11 2019노1937
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court against the Defendant is too unreasonable.

2. On December 11, 2019, a day before the judgment of the court below was rendered, the Defendant’s mother prepared a notarial deed stating that the victim G shall pay a total of KRW 29 million to the victim for 29 months from January 30, 2020 to the last day of each month from January 30, 2020, and paid KRW 1 million to the above victim around March 5, 2020. The victim G does not want the Defendant’s punishment, and the victim G paid KRW 9,225,00 to the victim B, which is favorable to the Defendant.

However, there are circumstances unfavorable to the Defendant, such as the victim B’s damage amount to KRW 183,760,00, the damage amount to the victim G, KRW 51,150,00, the damage amount to the victim J, KRW 1,900,00, the total damage amount to KRW 236,810,00, the victims’ damage amount to KRW 236,810,00, and the victim B and the J did not reach an agreement.

In addition, even if data submitted in the trial of the political party were to be considered, there is no significant change in the terms of sentencing compared with the original judgment, and the original judgment’s punishment is determined according to the sentencing discretion within the scope of the recommended sentencing according to the sentencing guidelines (one to four years), in full view of various circumstances, which are the conditions of sentencing as shown in the records and arguments of the instant case, such as the fact that the sentencing of the lower court is too large to exceed the reasonable scope of its discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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