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(영문) 서울남부지방법원 2013.09.26 2013노1043
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (five million won of fine) imposed by the court below is too unreasonable.

Therefore, it is true that there are circumstances to consider the defendant, such as the fact that the defendant recognized all the crimes in this case and divided his mistake, and the fact that each judgment of the court below, which became final, could have been judged together with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of fraud.

However, even though the defendant had been punished several times for committing the same kind of crime, he did not properly repent his mistake and committed each of the crimes in this case, and the victim did not recover from actual damage to the victim, and the court below sentenced a fine of KRW 5 million which has been reduced in part by a fine of KRW 7 million under the summary order, considering the circumstances favorable to the defendant, and sentenced the court below to a fine of KRW 5 million which has been reduced in part, and there is no special change in the circumstances or circumstances that may be considered newly after the sentence of the court below. In full view of all other circumstances, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, the conditions of the arguments and the sentencing specified in the records of this case, such as the defendant's age, character and behavior, environment, motive and consequence of the crime, it is not recognized that the sentence imposed by the court below is too unreasonable to the extent that the criminal defendant

Therefore, the defendant's assertion is without merit.

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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