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(영문) 서울서부지방법원 2018.01.11 2017노691
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to a confession of the instant crime and reflects his mistake; (b) the Defendant made efforts to repay the damage by depositing KRW 50 million in the lower court as the repayment for the damage; and (c) the equity with the case of a judgment at the same time as the judgment of the lower court rendered on January 23, 2015, which became final and conclusive, should be considered.

However, in this case, the defendant acquired 190 million won from the injured party, and the amount of fraud is large, and even if the defendant is anticipated to be difficult to sell G apartment due to disputes, etc. with the reconstruction association at the time, it is not sufficient to actively deceive the injured party as a security, and the quality of the crime is not good, even if 7 years have passed from the day of the crime to the heart, the damage payment has not been fully made, and in full consideration of various sentencing factors shown in the argument of this case, such as the defendant's age, sex, environment, circumstances and result of the crime of this case, and circumstances after the crime, etc., it is not recognized that the sentence of the court below is too excessive and unfair, and thus, the defendant's improper argument about the sentencing of the defendant is groundless.

3. In conclusion, 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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