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(영문) 광주지방법원 2018.05.02 2017노4731

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the Defendant’s mistake is divided and agreed with some victims, and the crime of this case is in relation to the crime of fraud for which judgment has become final and conclusive and the concurrent crimes of the group after Article 37 of the Criminal Act, which should consider equity with the case where judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

However, even if the defendant had committed several criminal records for the same kind of crime, again commits the crime of this case during the period of repeated crime, even though the amount of damage was considerable, damage recovery or agreement has not been reached against most victims until the depth of the crime, and considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, it is deemed unfair because the defendant's punishment of the court below is too unreasonable. Thus, the above argument by

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.