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(영문) 광주지방법원 2016.11.15 2016노317

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the other hand, the prosecutor appealed to the court below's decision that the defendant's punishment (four months of imprisonment) is too unreasonable, while the prosecutor appealed to the court below's decision that it is too uneasible and unreasonable.

2. The Defendant deposited 2 million won to the victim C in the trial, and 200,000 won to the victim F, thereby recovering the damage of 2.2 million won out of the total amount of damage.

However, even though the defendant was subject to the suspended sentence of imprisonment with prison labor for the purpose of deceiving the money by deceptioning the money as if he was a doctor in around 2013, he committed the crime of fraud by the same method of deceiving himself as his own will during the period of the suspended sentence, and since he got the money repeatedly through 59 times for a long period of not less than one year, the responsibility for the crime is not heavy and there is no possibility of criticism.

In addition, when considering the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, and environment, the lower court’s punishment is not deemed to be unreasonable because it is too heavy or unreasonable within the reasonable scope of discretion, even if considering the Defendant’s partial deposit in the trial.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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.