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(영문) 서울남부지방법원 2016.08.26 2016노1136
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) shall be too unreasonable as to the summary of the grounds for appeal.

2. Determination ① The fact that the Defendant recognized the instant crime, the amount remitted by the Defendant to the victim is about KRW 7,850,000,000, and there is room for considerable part to be paid as repayment of damage, and the need to consider equity with the case where the instant crime of fraud, etc. was adjudicated simultaneously with the case where the judgment became final and conclusive.

② However, even if the Defendant had been punished several times in fraud, he/she again committed the instant crime, and the Defendant acquired 5,0370,000 won through a total of 16 times by means of false statements, such as the fact that he/she would buy half of the half of the cover of the cover of the instant crime, and, even after committing the instant crime, he/she had another person do so through a telephone agency after committing the instant crime, and had another person engage in the instant crime and deception the victim again, etc. (Article 82,92 of the evidence record). The amount of the damage has not yet been repaid, and there was no change in circumstances that may be reflected in the sentencing of the Defendant (the page of the trial record) after the sentence of the lower judgment, and there is no further change in circumstances that may be reflected in the sentencing of the Defendant, ③ other circumstances, means, results, and circumstances after committing the instant crime, etc., it cannot be deemed that the sentence of the lower court is excessively unfair.

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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