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(영문) 서울남부지방법원 2016.11.18 2016노1856

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment) by the lower court is excessively unreasonable;

2. Determination ① that the Defendant recognized the entire crime of this case in the trial, and that the need to consider equity with the case where the instant crime of fraud is judged concurrently with the crime of obstruction of performance of official duties for which the judgment has become final and conclusive is favorable.

② However, the Defendant had been sentenced to criminal punishment more than 15 times and more than 1 year in 207, and was sentenced to criminal punishment for the same crime, such as fraud in 2007, six times. The Defendant did not pay damages to the Defendant even under the name of 35,300,000 won in total, and the Defendant has committed some of the crimes under 2015No5054 while being tried for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Violence) in 2013 (Evidence Records 45, 117 pages). The Defendant stated to the effect that he was using the money acquired for amusement (Evidence Records 45, 117 pages). The Defendant had committed a crime under 2015No5069, which was sentenced to imprisonment with prison labor for 1 year and 6 months in the above case and 2007 probation period, and the Defendant borrowed money from the police first to 2015No50544 to 4G evidence of the lower judgment that he had borrowed money from the Defendant “the victim”).”