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(영문) 서울남부지방법원 2016.09.09 2016노266
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is unfair because it is too unreasonable.

2. Determination ① The fact that the Defendant recognized the instant crime, and that it is necessary to consider equity with the case where the instant crime of fraud was judged simultaneously with the crime of forging official documents for which the judgment became final and conclusive.

② However, the Defendant had a record of being punished for a fine of KRW 2 million for fraud in 2012, and that there is not good quality of the crime of deception in the instant crime, and that the Defendant repaid KRW 2 million out of the amount of damage.

However, in full view of all the circumstances, such as the fact that there was no submission of evidence to acknowledge it, and the fact that most of the damage amount caused by the instant crime was not repaid, the fact that there was no change in circumstances that may additionally be reflected in the sentencing after the decision of the lower court was rendered, and ③ the circumstances surrounding the instant crime, including the background, means, results, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed unfair because it was 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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