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(영문) 서울서부지방법원 2013.12.03 2013노1049
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (one year and six months of imprisonment) of the lower court;

2. The fact that the Defendant made a confession of the instant crime, each of the instant frauds is in the concurrent relationship between the first head of the lower judgment’s crime and the latter part of Article 37 of the Criminal Act, etc., which are favorable to the Defendant.

However, the amount of damage caused by the instant crime exceeds 328 million won, and the part concerning victim H among the instant crime is a crime committed by the Defendant for the purpose of creating attorney's fees, instead of being indicted for fraud as stated in the first head of the original crime of the lower judgment, and the Defendant did not reach an agreement with the victims up to the trial. In full view of the various sentencing conditions indicated in the instant argument, the sentence imposed by the lower court is determined to be within the appropriate sentencing range.

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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