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(영문) 서울서부지방법원 2015.01.29 2014노1610
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is unreasonable.

2. The crime of this case is deemed to have repeatedly committed the crime of fraud and embezzlement by taking advantage of the loan of low interest, by deceiving the victims of several hundreds of money in the name of commission, etc. The nature and circumstances of the crime are extremely heavy, the sum of the victims and the total amount of damages is KRW 460,000,000,000, and most agreements or damages are not recovered, and strict punishment is inevitable.

The Defendant repeated the instant crime even though he had been punished several times, including the same type of crime, such as fraud and embezzlement.

In addition, the punishment of the court below is determined by taking into account all favorable circumstances, such as the fact that the defendant has led to the confession and reflect of all crimes, and that he voluntarily cooperated in the investigation, and there is no change in the situation in the trial.

In addition, considering various sentencing conditions shown in the records and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant's career, and the environment, the sentence of the court below cannot be deemed unfair.

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

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