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(영문) 광주지방법원 2016.07.26 2016노1788
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal (eight months of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the prosecutor filed each appeal by asserting that it is too unfasible and unfair.

2. The conclusion is that the defendant returned the victim C with KRW 14.8 million, and the victim I returned the victim I with KRW 2.57 million, and that there is no criminal punishment or no criminal punishment exceeding the previous fine is a favorable condition for the defendant.

On the other hand, however, the defendant is the victim's investment in the so-called "financial skin"-called form of investment, and actively deceivings the victims by manipulating the remitter's name of transfer to make profits from the victims, such as pretending that they would have made profits by remitting the money to the victims as profits. The victims are receiving serious economic depression and wanting to be punished by the defendant, and the fact that the defendant did not recover from the damage is disadvantageous to the defendant.

In addition, considering the fact that there are no special changes in the sentencing conditions as shown in the instant case, such as the Defendant’s age, sex, environment, etc., the punishment determined by the lower court against the Defendant is too heavy within the proper scope of sentencing and is not recognized as unfair because it is too heavy or unhued.

Therefore, the defendant and prosecutor's argument of sentencing is without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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