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(영문) 서울서부지방법원 2015.04.09 2014노1728
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment is the first offense with no criminal history, and the confession of the offense was made in the first instance and is against the Defendant’s interest is the circumstances favorable to the Defendant.

However, the crime of this case was committed by deceiving the victim, who is an employee working as the defendant, to make a profit by investing in the investment adviser and by deceiving him to make a profit, and is not in compliance with the method of the crime or the nature of the crime, and the degree of damage, such as the amount of damage from 260 million won to 260 million won, is disadvantageous to the defendant.

In addition, taking account of the motive and background of the crime, means and methods, circumstances after the crime, Defendant’s career, character and conduct, environment, etc., the sentence of the lower court cannot be deemed unreasonable.

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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