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(영문) 서울남부지방법원 2015.09.25 2015노1142
사기
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment for eight months sentenced by the court below is too unreasonable in light of the circumstances such as the fact that the defendant is against the defendant, that the defendant must support his family including his children, that the defendant is going to life, that the defendant was going to commit the crime of this case, and that the amount of profit acquired by the defendant through the crime of this case is merely 18,00,000 won.

However, considering the circumstances in which the Defendant asserts, the case is found to have acquired KRW 18,00,000 out of the above amount of the fraud, and there is no effort to pay damages to the Defendant up to the trial. (4) The fact that the Defendant had been punished five times prior to the crime of this case is included only once, and (5) The fact that the Defendant has been punished as fraud is included only once in consideration of various circumstances, such as the age, character and conduct, intelligence and environment of the Defendant, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment imposed by the court below is appropriate, and it is not unreasonable.

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

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