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(영문) 서울남부지방법원 2013.06.20 2013노637

사기

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment of the court below (two months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

The defendant agreed on the condition that he will pay 15 million won to the victim until May 20, 2013. However, there are circumstances in which the profits acquired from the crime of this case are not high, the court below has already determined the punishment for the defendant in consideration of these circumstances, there are no changes or circumstantial factors that may be newly considered in sentencing after the decision of the court below was rendered, the profits acquired by the defendant are low, but the amount of damage is not less than 75 million won, but not more than 60 million won, damage recovery was not made, and damage recovery was not easy, damage recovery could not be easily performed in the future, and it is deemed possible to implement community service order without affecting the defendant's performance of his duty. Considering the various sentencing conditions as shown in the argument of this case, the punishment of the court below is unreasonable. Thus, the defendant's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.