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(영문) 서울남부지방법원 2015.12.18 2015노1302
사기
Text

The defendant's appeal is dismissed.

Reasons

In light of the circumstances such as the fact that the defendant is against himself and is in an economically difficult situation, the punishment of the fine of KRW 2 million sentenced by the court below is too unreasonable.

In light of the circumstances in which the defendant asserts, even though the defendant had been punished five times, the number of punishment has reached the five times, which includes four times the past records subject to punishment for the same crime as this case, and the defendant has not made efforts to pay damages up to the trial. The crime of this case, which acquired 2 million won under the name of the president of the construction company by misrepresenting himself/herself as the down payment, is also poor, and other circumstances, such as the defendant's age, character and conduct, intelligence and environment, motive, means, means and result of the crime, etc., which are the conditions for the punishment of this case, such as the circumstances after the crime, are appropriate, and it is not deemed unfair because it is excessively excessive.

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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