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(영문) 서울남부지방법원 2018.05.31 2018노551

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing of the defendant) is too unreasonable, in light of the following: (a) the defendant has a profound radius while meeting his own crime; (b) there is a possibility that certain amount of damage has been unexploded; (c) the defendant is trying to repay damage on the part of the defendant; and (d) the defendant is able to refrain from drinking after release and live in good faith.

2. The circumstances favorable to the defendant include the fact that the defendant recognized all of the crimes of this case, and that the defendant shows the misunderstanding by submitting a rebuttal late after being detained.

However, since the Defendant completed the execution of imprisonment with prison labor for the same crime and started on October 21, 2017, on which two months have not yet passed since the commencement of the commission of the crime on October 21, 2017, and the arrest on December 6, 2017, the Defendant repeatedly committed several non-electronic frauds at the Gunsan, Incheon, and Seoul, and the nature of the crime is heavy and bad.

Moreover, even if the defendant was investigated several times by the police and dismissed the request for detention warrant on November 27, 2017 and released on November 27, 2017, it appears that the defendant continued to commit the crime without any particular awareness, and that the agreement with the victims or the recovery of damage was not made at all (the defendant is likely to unrefilled the amount of damage by the E main points, N main points, Q main points in the judgment of the court below).

However, in light of the time of writing, the details of calculation of the data submitted by the victims, unit price, etc. at each of the above main points, the amount of damage in the decision of the court below seems to be within the reasonable scope.

Defendant also did not raise any objection to the amount of the damage in the police investigation conducted immediately after each of the crimes in question, while recognizing the amount of the damage in a net order. The criminal records of the criminal records and the criminal records of the criminal records of the criminal records of the criminal records of the criminal records of the criminal records of the criminal records are more than 40 times.