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(영문) 광주지방법원 2021.03.16 2020노2963

사기

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court (unfair sentencing) (Defendant A: 10 months of imprisonment, and Defendant B: 6 months of imprisonment) is too unreasonable.

B. The above punishment against the Defendants by the prosecutor (unfair sentencing) is too uneased and unfair.

2. The fact that the defendants appear to recognize and reflect each of the crimes of this case, and that the court below paid the full amount of the money obtained by deceit to the victim J, AI, AJ, E, R, AK, AK, AK, AM, AM, AO, AP, AB, AB, AS, and AT, and that part of the money obtained by deceit to C (10,000 won, 356 pages of the trial record) is favorable.

On the other hand, the Defendants had a record of criminal punishment for multiple times, including the suspended sentence of imprisonment, and in particular, Defendant A committed each of the instant crimes during the suspended sentence of fraud, and did not compensate victims D and Q with a large amount of damage (the Defendants paid more than seven million won to victims D).

However, Defendant B appears to have received money from the victim D even after the trial proceedings on the instant case were in progress, so it is difficult to ascertain whether the Defendants compensated the victim D) and Defendant B appears to have expanded the damage of the said victim by demanding additional money from the victim D and his/her punishment during the trial proceedings on the instant crime.

There are no special circumstances or changes in circumstances that may be newly considered by this court, and comprehensively taking account of the Defendants’ age, sex, family relationship, circumstances leading up to crimes, and other various sentencing conditions as shown in the records and arguments of this case, the lower court’s punishment is too heavy or unreasonable.

All Defendants and prosecutor’s arguments are rejected.

3. In conclusion, the appeal by the Defendants and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the Defendants and the prosecutor is without merit. It is so ordered.