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(영문) 광주지방법원 2019.01.09 2018노3041

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

2. It is recognized that the defendant's mistake is divided, that the defendant agreed with the victim E, and the crime of this case is in concurrent crimes between the crime of fraud for which the judgment has become final and the latter part of Article 37 of the Criminal Act, and that the equity with the case should be considered in accordance with Article 39(1) of the Criminal Act.

However, considering the fact that the nature of the crime of this case is not good, that the amount of damage is considerable, but did not reach an agreement on recovery of damage to the victim B, that is, the balance of sentencing with the same crime, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, etc., and other conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument of the defendant is without merit.

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

(However, since each "E" of the two pages 16, 17 of the judgment below is clear that it is a clerical error in each "P", the judgment of the court below is modified in accordance with Article 25 (1) of the Regulation on Criminal Procedure and the judgment of the court