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(영문) 광주지방법원 2019.07.23 2018노3813
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Although the Defendant recognized the instant crime and reflects on the fact that the instant crime was committed by the Defendant using trust relationship, the Defendant acquired 31 million won from the victim by deception, which is not good in light of the content of the crime, and is not sufficient to commit the crime; the Defendant has a criminal record of fraud; the Defendant did not perform reimbursement to the past ten years from the date of the crime; and the Defendant did not agree with the victim.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances surrounding the crime, and various sentencing conditions as shown in the records and arguments of this case, it is not deemed that the lower court’s punishment is too heavy or unreasonable.

Defendant

We do not accept the prosecutor's assertion.

3. The appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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