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(영문) 서울남부지방법원 2016.11.11 2016노591
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s sentence (1.5 million won of a fine).

2. Determination: ① The age of the Defendant is 68 years old, and the Defendant is recognized to commit the instant crime in the past, and the fact that it is necessary to consider the equity with the case where the instant crime of fraud is adjudicated simultaneously with the case where the judgment becomes final and conclusive.

However, in light of the fact that the amount obtained by the Defendant has reached 6 million won, and that it is deemed that the Defendant did not pay damages (the Defendant alleged in the trial that he would have fully repaid 6 million won the amount obtained by the instant crime, but the Defendant made a statement to the effect that he did not repay the above 6 million won at the investigative agency (the evidence record 34,107 pages), and that the police has made a statement from 2008 to 2008 that the Defendant had made a monetary transaction with the victim (the evidence record 35 pages), even if there is the amount paid to the victim, it is highly likely that it is related to the monetary transaction before the instant case), and that the victim expressed his intent to punish the Defendant (the evidence record 16 pages), and (3) other circumstances, such as the background, means, results, and circumstances after the instant crime, etc., the sentence of the lower court cannot be deemed to be excessively unfair.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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