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(영문) 서울남부지방법원 2017.12.14 2017노1688
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the reasons for appeal is against the depth of the Defendant; (b) the Defendant is not actively deceiving the damaged company; (c) the Defendant paid the total amount of 540 won out of the amount of the defrauded of this case; and (d) the Defendant’s economic and health status is very good, the punishment sentenced by the lower court is too unreasonable (eight months of imprisonment).

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

The Defendant, who pretended to purchase vehicles normally, did not agree with the victims or did not endeavor to recover from damage, until the victims committed each of the instant secured claims fraud.

In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the reasons for sentencing of the lower judgment on the grounds of appeal, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unlimited and it is not determined that the Defendant exceeded the reasonable scope of discretion.

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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