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(영문) 서울남부지방법원 2013.05.02 2013노399

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 (one year of imprisonment) is too unreasonable.

Considering the fact that the amount acquired by the defendant is a considerable amount of KRW 97,40,00,000, and that the victim has obtained an apartment loan as a security to pay the above money to the defendant, the victim shall bear interest, and that the victim suffered enormous economic and mental damages, such as multilateral to China, in order to verify whether the horse is true, the defendant has not paid damages to the trial at all, and it is difficult to expect that the damage recovery would be easily made in the future, the amount equivalent to the money that the defendant acquired from the victim was used for gambling, and other various sentencing conditions shown in the argument of this case, such as the method of the crime of this case, the background of the crime, the circumstances after the crime, and the age and character of the defendant, the defendant's argument is without merit. Therefore, the defendant's argument is not reasonable.

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.

(However, in accordance with Article 25 of the Regulation on Criminal Procedure, the phrase "Before March 12, 2012" in the sentence 8 and 9 of the judgment of the court below ex officio is corrected to "Before February 5, 2012".