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(영문) 서울서부지방법원 2016.02.05 2015노1787
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amount of eight million won) is too unreasonable.

2. Determination factors are the sentencing factors favorable to the defendant, such as the fact that the defendant led to confession and reflects each of the crimes of this case, that the defendant agreed with the victims, and that the balance of punishment should be considered at the same time as the crime of fraud in the judgment of the court below which became final and conclusive

However, there is no change in circumstances that may be specially considered in the sentencing factors unfavorable to the defendant, such as the fact that the acquired amount of each of the crimes in this case is not a total of KRW 45 million, and that in fact only part of the victims’ damage has been recovered (the victim C is a KRW 5 million out of KRW 15 million, and the victim J is a KRW 30 million out of KRW 30 million), and that there is no change in circumstances that are disadvantageous to the defendant in the trial, and all of the sentencing factors in the arguments in this case, including the defendant’s age, sex, environment, the course and result of the crime in this case, and the circumstances after the crime, etc., the sentence of the court below against the defendant is adequate.

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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