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(영문) 서울남부지방법원 2015.07.10 2015노629
사기
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the defendant is against the law, the profits acquired by the defendant are merely 15,00,000 won out of 51,00,000 won by defraudation, and the defendant is merely a simple person who has served as the lessee because he was involved in the brodity of the brogate loan which was faced with poor conditions due to the hospitalization of the old union, and only three times of punishment by a fine for ten years prior to the ten-year period, etc., in light of the above, the punishment for seven months of imprisonment sentenced by the court below is too unfair.

However, considering the circumstances in which the defendant asserts, ① this case is deemed to have acquired KRW 15,00,000 out of the amount of fraud, ③ the defendant himself/herself has not made efforts to pay damages, ④ taking into account the following various circumstances, such as the age of the defendant, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below is appropriate, and it is not unreasonable to have excessively neglected it, and it is not unreasonable to have excessively neglected it.

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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