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(영문) 서울남부지방법원 2017.02.16 2015노2110
사기
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for a crime of 1899 that is set forth in the judgment of the court below.

Reasons

1. Summary of grounds for appeal;

A. Considering the background of the inspection case, the method and manner of deception, and the fact that the amount of damage reaches KRW 100 million, the crime of this case is very poor and is also more serious.

In more than ten times, the defendant has been punished for the same crime as this case, and it has been sentenced three times to suspended execution and two times to be sentenced to imprisonment.

All of the crimes in this case were committed by the defendant around 2013 due to a similar fraud, and the risk of recidivism of the defendant is high.

In addition, in light of this point, it is doubtful whether the defendant's prior action can be seen as a serious reflect on recognizing the crime and seeking the prior action.

The Defendant did not properly endeavor to recover damage.

In full view of these circumstances, the sentence imposed by the court below on the defendant is too low and unfair.

B. The Defendant engaged in the construction business for a long time and operated the LAD, and around the time of the instant case, the Defendant acquired the H apartment site and conducted the business, but became difficult to secure the fund, and the Defendant committed each of the instant crimes at the time of the desire to kill the business.

The accused acknowledges all the facts of the crime, reflects the mistake, and makes every effort to repay damage.

On February 2, 2014, the Defendant received an operation after undergoing a diagnosis of light dystyposis, but has considerable difficulty in getting a trial or rapidly implementing the repayment of damage due to the aggravation of large health.

Although the defendant has the same criminal history, there is no criminal history since 2008.

Considering these circumstances, the defendant would be allowed to take such measures as much as possible.

2. Although the Defendant had a variety of records of the same crime, the Defendant committed fraud against the victim F during the judgment of fraud which became final and conclusive in the lower judgment, and the period of suspension of execution of the above crime.

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