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(영문) 서울남부지방법원 2016.06.02 2016노479
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal: (b) the Defendant recognized and reflected the offense; (c) the agreement with the victim was reached in the trial; (d) there was no criminal record of the same kind of punishment; and (e) other crime of fraud and ex post facto concurrent crimes; and (e) the sentence imposed by the lower court is too unreasonable.

2. However, in light of the following: (a) the Defendant acquired large amounts of money up to KRW 50 million by deceptioning a relationship with the victim with the victim through a long-term period; (b) the Defendant committed the crime during the repeated crime due to the property crime of the kind similar to the instant crime; (c) the Defendant has been led to the confession of the Defendant on the grounds that it had the same type of property crime as the instant crime; and (d) the Defendant escaped after the closure of pleadings; and (c) the injury has not yet been actually recovered, it is inevitable to punish the Defendant with severe punishment

In addition to the Defendant’s age character and behavior, motive means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable.

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

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