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(영문) 서울서부지방법원 2015.07.23 2015노699
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflects the fact that the defendant did not have any criminal record of probation or heavier, and that the defendant paid considerable money to the victims as interest.

However, each of the crimes of this case is a situation that is disadvantageous to the defendant, such as deceiving the defendant by means of giving high interest if the defendant lends money to the victims, using the money received by him personal card price and using it in repayment of the borrowed money, etc. The crime of this case is not easy to agree with the victims until the victims have reached the high level of damage, such as the total amount of the defraudation of this case reaches KRW 420 million, and there is a criminal record that has been punished by a fine for the same kind of fraud.

In addition, considering the motive and circumstances of the crime, the means and consequence thereof, the circumstances after the crime, the defendant's age, career, character and conduct, environment, etc., as well as various sentencing conditions shown in the records and arguments, the sentence of the court below is too unreasonable.

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

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