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(영문) 서울서부지방법원 2015.05.15 2015노206
사기등
Text

The defendant's appeal is dismissed.

The defendant shall pay 256,380,000 won to the applicant for compensation by deceit.

3.2

Reasons

1. The sentence of the lower court (two years of imprisonment) to the point of the reasons for appeal is too unreasonable.

2. The fact that the defendant recognized the instant crime and opposed to the judgment is an element of sentencing favorable to the defendant.

However, in full view of the following factors: (a) the Defendant had been punished several times in frauds even before; (b) the period of the crime is a long-term and the amount of fraud is a large amount; (c) the quality of the crime is inferior, such as forging or altering multiple documents in order to deceive the victim; (d) the remainder of the amount excluding KRW 50 million, which is a part of the damaged amount; and (e) there is no change in circumstances that may be particularly considered in the trial; and (e) the sentencing factors unfavorable to the Defendant, such as the Defendant’s age, character and behavior, environment, the course and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence of the lower court against the

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that there is no reason to appeal, and the application for compensation against the defraudation of the applicant for compensation (256,380,000 won which deducts 50,000 won paid by the victim from the amount acquired by deceit of the defendant) brought in the trial at the court is reasonable, and therefore, it is decided as per Disposition in accordance with Articles 25 (1) 1 and 31 (2) and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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