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(영문) 서울서부지방법원 2017.10.12 2017노704
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (10 months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant made a confession of and reflects the instant crime when the Defendant was in a trial; (b) the Defendant paid out KRW 35 million to the victim among the co-offenders who are 69 million, which is the amount of defraudation of the instant case; and (c) the equity with the case of being tried together with the judgment that became final and conclusive, should be considered.

However, this case is a case where the defendant acquired 69 million won from the injured party with B, and the amount of the fraud is not so big that the damage is not completely restored until now, and the agreement on purchase and sale of share certificates between the defendant and B is falsely prepared to deceive the injured party, and the agreement on the purchase and sale of share certificates between the defendant and B is falsely prepared to deposit 200 million won in the head of the Tong, and the defendant deposited 200 million won temporarily from the bond company to the head of the Tong and shows that it is the passbook for establishing the right of pledge, etc., and in full view of various sentencing factors indicated in the argument of this case, such as the defendant's age, sex, environment, criminal record, criminal record, the circumstance and result of the crime of this case, the defendant's punishment of the court below is too unreasonable, and therefore, the defendant'

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That since it is obvious that the defendant's appeal was omitted after "the Seoul Central District Court" under Article 264 (3) of the Criminal Procedure Act (amended by adding it ex officio in accordance with Article 25 of the Rules on Criminal Procedure).

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