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(영문) 서울남부지방법원 2016.05.20 2016노119
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (two years of imprisonment) shall be too unreasonable as to the summary of the grounds for appeal.

2. According to the records, it is recognized that ① the defendant recognized the crime of this case and expressed his/her intent not to punish the defendant.

(2) However, even though the Defendant had been sentenced three times to punishment due to the crime of fraud committed while running a real estate planning company, and again commits the crime of this case, the amount of damage caused by the crime of this case reaches KRW 450 million, and the nature of the crime of this case is not good, the Defendant appears to have promised to pay damage to the victim, but the Defendant did not actually pay damage to the victim, the circumstances of the above ① are already reflected in the lower judgment, and there is no change of circumstances that may be additionally reflected in the sentencing after the sentence of the lower judgment, and ③ there is no other change of circumstances that may be additionally reflected in the sentencing after the sentence of the lower judgment, and all other circumstances that are conditions for sentencing, such as the background, means, results, and the circumstances after the crime of this case, it cannot be deemed unfair because the sentence of the lower court is too unreasonable.

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

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