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(영문) 서울남부지방법원 2016.03.25 2015노2119
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant led to the confession of, and reflects on, the crime; (b) the Defendant was recommended to borrow loans from, the perpetrator under circumstances that make it difficult to maintain his/her livelihood due to health problems; (c) the Defendant’s actual profit as a simple participant is limited to KRW 4 million; and (d) the Defendant’s actual profit is limited to the amount of KRW 4 million; and (e) there is no particular criminal history other than minor criminal records.

2. Taking into account the circumstances alleged by the Defendant, the instant crime was 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 received is not less than 4 million won as the Defendant’s assertion, the total amount of damage caused by the instant crime is not less than 40 million won. ④ Nevertheless, the Defendant did not make any effort to recover the damage up until now, and the Defendant, who is the accomplice of the instant crime of this case, was sentenced to imprisonment for three years and ten months, and two years and six months, and one year and six months, and one year and six months and six months, G (BBC) and one year and six months, and one year and four million, and one year and four million, and one year and six (CBC’s punishment), respectively, were finalized.

Considering the various circumstances, such as the Defendant’s age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court does not seem to be unfair because it is appropriate and 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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