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(영문) 광주지방법원 2016.04.12 2016노227

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The amount of damage caused by the instant crime is relatively large to at least KRW 100 million.

In addition, although the defendant agreed smoothly with the victim D, the agreement was not reached because substantial damage to the victim L was not recovered.

However, there are circumstances in which the Defendant, in the course of the investigation, made the victim not actually repaid to L during the course of the investigation to make a false statement of confirmation to the effect that the victim was repaid with the amount of damage, and submitted it to the prosecutor's office to the investigation agency

In addition, even in 2011, the Defendant again committed the instant crime without any serious reflect, despite the fact that he/she had been subject to the suspension of indictment due to the ice fraud of employment mediation.

When determining these facts by comprehensively taking account of various circumstances, such as the Defendant’s age, sex, environment, and circumstances after the crime, the sentence of sentence against the Defendant is inevitable.

In addition, considering the fact that the highest sentence range of the sentencing guidelines is eight months of imprisonment, the court below did not recognize that the court below's sentence of one-year imprisonment is too unfortunate and unfair.

Therefore, the defendant's appeal is 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.