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(영문) 서울남부지방법원 2016.01.26 2014노2050
사기
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment of two years of suspended sentence for six months sentenced by the court below is too unfair in light of the circumstances such as the fact that the defendant is against the defendant, the planned crime is not a planned crime, the agreement with the victim, and the crime of this case is a concurrent crime after Article 37 of the Criminal Code.

In light of the circumstances alleged by the Defendant, even though the amount of the fraud of this case was 20,00,000 won and the time agreed with the victim was 4 years of time from the time of the defraudedation, the records of the Defendant’s previous punishment had reached six times, which includes one time of the past punishment, which is the same type of fraud as this case, and the joint offender A was punished for a suspended sentence of two years in June, and other various circumstances that are the conditions for the sentencing of this case, such as the Defendant’s age, sex, behavior, intelligence and environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is appropriate, and it does not seem unfair because it is excessively unreasonable.

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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