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(영문) 서울남부지방법원 2018.01.11 2017노2162
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant partly compensated for damage, that the defendant supported the disabled children, and that the defendant repented in depth of his mistake, the punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

The amount of damage is close to KRW 120 million, and the amount of damage was repaid to KRW 58 million out of the amount of damage, but most of them have not been repaid. The defendant was a criminal record of probation in 2013 due to a similar type of fraud, as well as the defendant's age, sexual conduct, environment, motive for committing the crime, etc., and the various sentencing conditions indicated in the records and arguments of this case, such as the defendant's age, sexual behavior, motive for committing the crime, are too unreasonable.

3. In conclusion, the defendant's appeal is without merit (the defendant raised an objection to the compensation order to the effect that the payment date would be adjusted, but this part of the claim is without merit). It is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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