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(영문) 서울남부지방법원 2016.09.30 2016노1241

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (two years of imprisonment) shall be too unreasonable as to the summary of the grounds for appeal.

2. Determination ① The defendant has no record of criminal punishment, and the amount of damage of the crime of this case is KRW 34,580,000 [the judgment of the court below is deemed to have judged that the total amount of damage is KRW 35,848,00,000,000,000, which is not 16,5220,000,000,000, which is 54,000,000 won, which is the difference (=16,520,000,000 won) shall be excluded from the amount of the crime of this case, 5,4,000 won, which is 4,50,000 won, which is not the amount of the crime of this case, 5,000,000 won, which is 5,000,000 won, which is 5,000,000 won, which is 4,000,000 won,00 won,00 won).

However, according to the written opinion of the court below (52,69 of the trial records) and the investigation records, the defendant appears to have repaid a certain amount of 62,970,00 won to the court below's attorney.

(2) However, it is not good that the defendant deceptions many victims in various ways, and the amount which has not yet been repaid out of the amount of damage to the crime of this case reaches KRW 24,1510,000,000, there is no change of circumstances that may be additionally reflected in sentencing after the decision of the court below, and ③ Other reasons, means, and means of the crime of this case.