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(영문) 광주지방법원 2019.02.12 2018노3495

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two months and for ten months) of the lower court is too unreasonable;

2. The judgment of the defendant recognized all the crimes of this case, and reflects them, and paid damages to the victims at the investigation stage.

The equity should also be taken into account in the case of fraud in the judgment of the court below which became final and conclusive and the fraud crime No. 1 per annum of crime committed in the judgment of the court below.

However, the crime of this case is that the defendant obtained a total of 1,320,000 won from five victims by frauds of the same law five times.

The defendant has been punished with 6 times as well as 6 times of punishment due to the same crime, and even though the crime of this case was committed under the same law as the crime of this case, he committed the fraud crime of this case 2 to 5 times of the list of crimes in the judgment of the court below.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not deemed unfair because it is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.