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(영문) 서울남부지방법원 2016.08.26 2016노716
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months) is too unreasonable.

2. Determination ① The fact that the Defendant did not have any record of being punished for the same kind of crime, and that the Defendant recognized the instant crime is favorable.

(2) However, in full view of the following circumstances: (a) the amount of damage caused by the instant crime was 95 million won or more and the Defendant was paid for the goods that the Defendant had the victim supplied to his customer; (b) the victim used for any other purpose; (c) the victim expressed his intent to punish the Defendant in the court below; and (d) other circumstances that form the condition for sentencing, such as the background, means, consequence, and circumstances after the instant crime, the sentence of the court below cannot be deemed to be unfair because it was excessively 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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