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(영문) 서울남부지방법원 2014.02.06 2013노2185
사기
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

Therefore, it is true that there are extenuating circumstances to consider the defendant, such as the fact that the defendant is guilty of the crime of this case, that the amount of profit that the defendant acquired by the crime of this case is about four million won, that there is no power to commit the crime since 2001.

However, even if the actual amount of profit acquired by the defendant through the crime of this case is about 4 million won, the amount of fraud by the defendant is equivalent to 22 million won, the victim is deemed to have suffered a loss equivalent to the amount, the defendant appears to have committed the crime of this case in a planned manner, the victim's failure to recover damage to the victim does not reach an agreement with the victim, and there is no possibility of recovery from damage, and the court below has determined the punishment in consideration of the circumstances favorable to the defendant, and there is no special circumstance or change of circumstances that can be considered newly after the sentence of the court below, and other circumstances that form the conditions of sentencing as shown in the arguments and records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence after the sentence of the court below, and other circumstances that form the conditions of sentencing as stated in the arguments and records of this case, even if all of the circumstances asserted by the defendant and his defense counsel as grounds for appeal, it is not deemed unfair because it is too unreasonable to the

Therefore, the defendant and his defense counsel'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.

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