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(영문) 광주지방법원 2018.12.13 2018노2313

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (exemption from punishment) is too unhued and unreasonable.

2. The judgment of the defendant should consider equity with the case where the judgment was rendered simultaneously in the relationship between fraud in the records of the crime as stated in the judgment of the court below and the concurrent crimes in the latter part of Article 37 of the Criminal Act. The crime of this case is similar to each crime of fraud in which the judgment of the court below was made, the amount of fraud in which the judgment of the court below was made and the fraud amount of the above final judgment (total amount of KRW 1.289,980,00), the amount of fraud in the above final judgment (total of KRW 1.289,000), the amount of the above final judgment (total of KRW 1.6 million), the amount of the above final judgment by the defendant paid KRW 10,000 to the victim, taking into account the circumstances of the crime of this case, the circumstances after the crime, the age of the defendant, the defendant's age, sexual behavior, environment, etc., and other various kinds of sentencing conditions shown in the records and arguments

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.