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(영문) 광주지방법원 2016.04.26 2016노489

사기등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. While the prosecutor asserts that the punishment imposed by the court below (three years of imprisonment) is too somewhat weak, the defendant filed each appeal by asserting that it is too unreasonable for the defendant to be too poor.

2. The judgment defendant repeatedly obtained money from the victim who exceeds 200 persons through the same method and acquired money by deception is KRW 82,891,800.

In addition, the defendant was punished for the same crime three times due to the same crime and did not reach one month after being released from the prison, and again committed the same crime in the same manner, and did not agree with the victims.

When considering the factors of sentencing, such as the amount of damage as seen earlier, the number of victims, and the same repeated crime, the lower court’s punishment is appropriate, and it is not recognized that the sentence is too weak or unreasonable because it is too poor. Therefore, the prosecutor’s and the Defendant’s above assertion are without merit.

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