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(영문) 광주지방법원 2015.10.15 2015노2001

사기

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant is recognized to commit his crime, that the defendant fully pays the amount of damage and that the defendant fully agreed with the victim is a favorable sentencing factor.

However, in full view of the fact that the acquired amount of money by the defendant is not more than 62 million won, there are many criminal records of the defendant, and that the defendant committed the crime of this case at another time during the period of repeated crime after the defendant was released from office as a crime of fraud. The court below seems to have determined the punishment by fully taking into account the circumstances favorable to the defendant. The court below did not change the circumstances that may be different from the punishment of the defendant in this case, and there is no other change in the circumstances that the court below's judgment and the punishment of this case, and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee [general fraud Type 1 (less than KRW 100 million: Imprisonment with prison labor for one month or one year: 1 month or one year], it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.