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(영문) 서울남부지방법원 2017.04.13 2016노2278
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal: (a) the Defendant continued to endeavor to recover damage by breaking his mistake in depth; (b) the Defendant is the most responsible for his family’s livelihood; and (c) the Defendant has served to the local community for a long time, the sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. The crime of this case is not likely to be committed by deceiving money (25 million won) by abusing the victim's trust acquired through religious activities by the Defendant.

Until the trial, damage recovery measures have not been properly taken.

Although the defendant had been sentenced to suspended sentence for the same crime, he also committed the crime of this case.

In addition, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is so excessive and unreasonable, even if considering the various circumstances asserted by the Defendant on the grounds of appeal, as well as the Defendant’s age, sex, environment, motive of crime, etc. as well as the circumstances favorable to or unfavorable to the Defendant.

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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