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(영문) 서울중앙지방법원 2017.02.09 2016노4653
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. Even though the sum of the judgment amount obtained by deception is 166 million won, the amount was not repaid at all until 7-8 years have elapsed since the date of the crime, and the victim failed to reach an agreement with the victim. The victim wanted to punish the defendant, and the details of monetary transactions between the defendant and the victim submitted by the defense counsel are all prior to the crime in this case, so it is difficult to consider the defendant as the factors of sentencing favorable to the defendant in this case, and other facts that there is no change in the conditions of sentencing compared with the original judgment, in full view of the fact that there is no change in the conditions of sentencing compared with the original judgment.

3. 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.

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