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(영문) 광주지방법원 2017.05.02 2017노619

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The Defendant paid approximately KRW 1.6 million to the victim to recover part of the damage.

On the other hand, the defendant has the record of having been punished several times for the same crime, and has the record of being punished as a sentence, and the crime is not good by deceiving 2,5150,000 won through nine times as the same method between the period of the same repeated crime and one month.

The instant crime constitutes a single concurrent crime under Article 37 of the Criminal Act with the part of imprisonment with prison labor for more than two years and six months among the crimes established on January 2, 2017 and Article 37 of the Criminal Act, and thus, the equity in the case where the judgment was rendered at the same time. The criminal record in the instant judgment is that the Defendant acquired money from many victims under the name of a large number of victims, such as infinites, and there is little room for consideration depending on different methods.

In full view of such circumstances and other circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문