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(영문) 서울남부지방법원 2016.10.06 2016노851
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Examining the gist of the grounds of appeal in light of the following facts: (a) the Defendant is also subject to deception from E or I; (b) the amount directly used by the Defendant is KRW 217.6 million; (c) the amount directly used by the Defendant is KRW 317.6 million; (d) the Defendant is able to enforce the Defendant’s property at any time by preparing and delivering a credit guarantee certificate to the victim; (e) the Defendant is the most likely to support the Defendant’s family; and (e) the Defendant has no record of punishment in Korea, punishment (two years of imprisonment) imposed by the lower court is too unreasonable.

2. The instant crime is determined by taking advantage of the trust relationship with the victim who is the offender, and the defrauded amount to KRW 317.6 million, and no damage recovery measure has been taken until the trial.

In addition, considering the various circumstances asserted by the Defendant as the grounds for appeal, the lower court’s sentence is too unreasonable even if it is considered that the Defendant’s punishment is too unreasonable, considering the following factors: the Defendant’s age, character and behavior, career, family relationship, environment, motive of crime, criminal record, etc. as well as the circumstances favorable or unfavorable to the Defendant.

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

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