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(영문) 서울남부지방법원 2017.02.09 2016노855 (1)
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of the fact that the defendant has been trying to pay damages to the victims by breaking his mistake in depth. In light of the fact that the defendant has been making efforts to pay damages to the victims, the punishment imposed by the court below (five million won in penalty) is too unreasonable.

2. The instant crime committed by the Defendant by taking advantage of trust relationship with the victims who are not the victims, and the amount of the defrauded is not so big, and the damage recovery measures have not been properly taken up until the trial of the parties.

On the other hand, the defendant has no history of criminal punishment.

In addition, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the following factors, such as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, including favorable or unfavorable circumstances 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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