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(영문) 서울남부지방법원 2017.04.27 2016노2174
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months) is too unreasonable in light of the following: the defendant's depth is against the defendant; the profit actually acquired by the crime of this case is minor; the defendant's economic situation is not very good; and his family's livelihood is responsible.

2. The judgment defendant committed the instant fraud crime even though he/she had been punished several times as a crime of fraud.

The crime of this case was committed by the defrauded amounting to KRW 350,000,000,000 or more.

On the other hand, the defendant recognized all of the crimes of this case and divided them into depth.

In addition, according to the records and arguments of this case including the defendant's age, sex, environment, motive, means and consequence of the crime, criminal records, and circumstances after the crime, the sentencing reasons of the lower judgment are compared with those of the lower court, even in light of the various circumstances asserted by the defendant on the grounds of appeal, the lower court's punishment is 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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