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(영문) 광주지방법원 2017.05.02 2016노4680

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant partially restored the victim’s damage to the victim.

However, the defendant has the record of punishment five times as a crime of fraud, has committed fraud again during the same repeated crime period, and acquired 114 million won by suggesting the whole certificate, etc. of registered matters to the victim or conducting crowdfunding.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.