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(영문) 서울남부지방법원 2016.05.13 2016노394
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable when considering the following facts: (a) the Defendant made a confession of and reflects the instant crime; (b) the Defendant was taking part in the instant crime while taking account of the fact that only 20,000 won was received out of the amount of the instant fraud; and (c) there was a family member to support the Defendant; (b) the sentence (6 months) imposed by the lower court is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the instant crime is not likely to be committed by multiple persons in collusion with and with public funds to stabilize the residence of homeless workers, and the quality of the crime was poor. ② The Defendant took an important role in participating in and taking part in the crime of systematic fraud. ③ Even if the amount actually received by the Defendant is KRW 20 million, the total amount of damage caused by the instant crime is not at least KRW 60 million, as the Defendant asserts, and the damage is not recovered. In addition, considering the equity of similar cases and punishment, Defendant’s criminal records, age, sexual behavior, intelligence and environment, relationship with victims, motive, means and consequence of the instant crime, etc., the punishment imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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