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(영문) 광주지방법원 2016.01.12 2015노2154

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, three years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of all the factors such as the fact that the sum of the money acquired by the defendant is up to 58 million won, the crime of this case was committed despite the past record of criminal punishment on three occasions due to fraud, and the damage recovery was committed after the lapse of one year and 10 months from the date of fraud, the damage recovery is against the defendant, the victims are not punished, the victims do not have any past record of criminal punishment, and other favorable sentencing factors such as the defendant's age, sex behavior, environment, and motive for the crime, and the scope of recommended sentencing guidelines (one month to one year) do not seem to be unfair because the court below's punishment on the defendant is too heavy or unfeasible.

3. In conclusion, since the appeal by the defendant and the prosecutor is 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.