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(영문) 광주지방법원 2017.02.07 2016노4520

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 fact that the Defendant, for about nine months from November 21, 2014 to August 3, 2015, was aware that the defrauded was scheduled to use the defrauded money for the gambling fund, by providing the victim with a notice as if he/she would be able to grant the right to operate the restaurant in the bus terminal, and thereby taking the victim into account a large amount of money exceeding KRW 85 million on seven occasions from the victim who has difficulty in economic situation, and thus, the responsibility is extremely heavy in light of the period of the crime, scale of damage, method of the crime, etc.

In addition, since the defendant did not actually recover damage to the victim until now, the victim suffered serious economic depression and was punished by the defendant, and there is no change in sentencing conditions when it comes to the trial.

In addition, it is not recognized that the sentence of the court below is too unreasonable because it is too large if it is determined by comprehensively taking account of various circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, and circumstances after the crime.

Therefore, the defendant's assertion 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.