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(영문) 광주지방법원 2015.02.11 2014노3106

사기

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

Judgment

The fact that the defendant recognized his mistake, and that the defendant agreed with the victim's smart siren services, D, L, andO (total amount of 8,392,600 won) is favorable.

However, considering the fact that the defendant was punished several times as a crime of the same kind of fraud, including the punishment, and accordingly, the defendant is a crime during the repeated crime period; the victim is a majority of seven persons and the amount of fraud is also a total of about 17 million won; up to this court, it is disadvantageous that the defendant did not agree with the victim G, S, and V (total amount of taking advantage of the crime in this case) until this court; and other factors of sentencing as shown in the argument in this case such as the circumstances of the crime in this case, circumstances after the crime in this case, the defendant's age, character and conduct, and environment, it is not recognized that the court below's punishment is too unreasonable, and therefore, 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.