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(영문) 서울남부지방법원 2014.05.30 2014노226

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment appears to have the attitude of reflecting the defendant's criminal act while recognizing the defendant's criminal act, and the fact that the defendant has no criminal record of the same kind is good for the defendant.

However, the victim entered Korea on April 2007 and collected money difficult to singing out, etc. as the North Korean defectors. The defendant had access to this victim, but embezzled about KRW 1,50,000,00 in total as the victim and embezzled or acquired it.

In full view of these circumstances, the victim’s damage recovery has not yet been performed until the trial was held, there is no change of circumstances considering sentencing after the judgment of the court below, and other various circumstances, such as the background, means and methods of the crime of this case, the result of the crime, the circumstances after the crime, and the Defendant’s age-oriented environment, etc., which are the conditions for sentencing prescribed in Article 51 of the Criminal Act as stated in the records and arguments of this case, are too unreasonable.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.