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(영문) 서울남부지방법원 2015.12.11 2015노1525
사기
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment of 8 months sentenced by the court below is too unreasonable in light of the following circumstances: (a) the defendant used the money received from the victim for a partnership business with the victim, and is not personally useful; (b) efforts are made to repay damage to the victim; (c) there are agreements with the victim; (d) the support for the family; and (e) there are no records of punishment for the same kind of crime.

Considering the circumstances, such as the fact that the victim wanted to be a prior wife against the defendant, the fact that the defendant led to a confession and reflects against the defendant, the crime of this case that the criminal defendant acquired by deceit under the pretext of engaging in the business using the Internet gambling program in collusion with the co-defendant A of the original judgment is inferior, the total amount of the money acquired by deceit is up to 239 million won, the total amount of the money acquired by deceit of this case is up to 200 million won, the damage repayment is up to 30 million won (Evidence of 205), around June 3, 2014 by the co-defendant A of the original judgment (Evidence of 205), the total amount is up to 41 million won (record of the trial record) and 10 million won on August 29, 2015, the defendant's total amount is not more than 65 million won and more than 41 million won on September 14, 2015, the circumstances that the defendant was punished and more than 1 million won on the punishment of this case.

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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