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(영문) 광주지방법원 2019.08.20 2019노1418

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflects the fact that the instant crime was committed in the first instance trial; that there was no criminal record of the same type of fraud at the time of the instant crime; that is, the lower judgment’s criminal record and the concurrent crime relationship between the latter and the latter part of Article 37 of the Criminal Act should be considered at the same

On the other hand, the sum of the acquired money of this case is 52,80,000 won, and the damage recovery has not been made, and there is no agreement with the victim.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.