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(영문) 광주지방법원 2018.12.20 2018노3104
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The fact that the judgment of the defendant recognizes and reflects his mistake, that it appears that the defendant repaid 30 million won out of the money obtained through deception, and that it is reasonable to consider equity with the case where the judgment of the court below is in the relation of concurrent crimes between fraud in which the judgment of the court below became final and conclusive and the subsequent Article 37 of the Criminal Act.

On the other hand, in light of the method of the crime of this case and the amount of damage, etc., the crime of this case was committed again despite the fact that the defendant had been subject to several criminal punishment, including the fact that he had been sentenced three times to suspended sentence of imprisonment for the same kind of crime before the crime of this case, and that he did not receive a letter from the injured party.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. 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 groundless.

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