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(영문) 서울남부지방법원 2013.04.11 2013노362
사기
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (three years of imprisonment) is too unreasonable in light of the fact that the defendant was sentenced to a fine for violating the Labor Standards Act, and that the defendant was sentenced to a fine for violating the Labor Standards Act.

Therefore, the amount obtained by the defendant is more than 400 million won in total. Nevertheless, it is difficult to reach an agreement with the victims because it did not recover damage, and the mental and economic suffering would have been excessive or serious due to the defendant's attitude consistent with the defense for the avoidance of responsibility after the crime, and the defendant committed the fraudulent act against the victim L while going away while being investigated into the victim E by fraud, and the defendant committed the fraudulent act in this case. The attitude of each of the fraudulent acts in this case was very poor, and the defendant recognized each of the crimes in this case. However, in light of the records, it is difficult to view the confession as a special circumstance or change of circumstances that can be considered newly after the decision of the court below was made, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime in this case, the circumstances that the defendant asserted in the arguments and records after the crime in this case should not be considered to be excessive and unfair.

Therefore, the defendant and his defense counsel's assertion is without merit.

If so, the defendant's appeal is without merit, so Article 364 (4) of the Criminal Procedure Act.

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