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(영문) 광주지방법원 2018.01.09 2017노3892

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. Determination of the Defendant is old and healthy, and the instant crime is committed on August 29, 2014, and the instant crime constitutes concurrent crimes after Article 37 of the Criminal Act, and thus simultaneously constitutes concurrent crimes, the equity should be taken into account in cases where the judgment was rendered.

However, even though the defendant has been punished several times for the same crime, he did not make any effort to recover damage after about seven years have passed from the crime by deceiving the total amount of 27,300,000 won from the victims. In particular, it is not only appropriate to take fraud of money from the victim D as a broker for promotion, but also D is going to be punished by the defendant's severe punishment after attending the court.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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.