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(영문) 서울중앙지방법원 2016.07.14 2016노1410
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. The defendant E (the amount of damage KRW 64 million) and the victim E showed an attitude to recognize and reflect his/her wrong determination, and there are favorable circumstances such as the agreement in the court below.

However, according to the fact that the amount of fraud through each of the crimes of this case is the sum of 170,000,000 won which is close to the sum of 10,000,000 won, most of the money acquired through the Internet gambling seems to have been hot, and accordingly, the victims other than the above E are not fully recovered from the damage, including the records of the same crime, and there are several criminal records that have been subject to criminal punishment over several times. In particular, the most of the crimes of this case was committed during the repeated crime period due to the same kind of crime, and the motive, means and result leading up to the crime of this case, the circumstances after the crime, age of the defendant, sexual conduct, environment, etc., as well as all other circumstances where there is no change in the conditions of sentencing compared with the court below's decision, it is not recognized that the sentencing of the court below exceeded the reasonable scope of discretion because it is too too large.

3. Accordingly, 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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