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(영문) 광주지방법원 2017.04.27 2017노777

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and two months of imprisonment) is too unreasonable.

2. Each of the crimes of this case is an unfavorable circumstance, such as the following facts: (a) the Defendant deceivings the victim D, who is a senior ship of high school, to have the right to supervise the pents Corporation and the entire construction management by preparing and presenting the agreement on the construction of the harbor with false content; and (b) by deceiving 15,2450,000 won under the name of operating funds, expenses, etc., and by deceiving 5,000,000 won from the victim N, who is a senior ship, under the name of borrowed money; (c) the crime is highly poor in light of the relevant criminal law and content; (d) the total damage of the victims reaches 15,745,000 won; and (e) the damage has not been recovered until now, and there is little possibility of recovery in the future.

However, the defendant recognized all of the crimes of this case and reflected against the defendant.

In addition to the fact that the defendant seems to have been sentenced to a fine for more than 30 years, the fact that there is no particular criminal record is more favorable.

In addition, considering the circumstances favorable to the Defendant, the sentencing of the lower court is too unreasonable, even considering the following factors: (a) various sentencing conditions shown in the records and arguments of the instant case, including the background of the instant crime, the circumstances after the instant crime; (b) the Defendant’s age, sexual conduct, environment, etc.; and (c) the scope of the recommended punishment based on the sentencing guidelines of the Sentencing Committee.

The grounds for appeal are without merit.

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.