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(영문) 광주지방법원 2017.02.09 2016노3913
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The gist of the grounds for appeal (1) The Prosecutor’s sentence (2 years and 6 months of imprisonment) is too unhued and unreasonable.

(2) The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant has a record of having been sentenced to both punishment and fines twice for the same crime.

In addition to the existing crimes, the victims have committed fraud by receiving money under the pretext of employment mediation, borrowing money, and investment.

The number of victims caused by the instant crime is five, and the total amount of damage is about 250 million won.

In light of the Defendant’s criminal history and the frequency of the instant crime, the risk of recidivism exists.

Since there is a need to punish the defendant strictly.

There is no agreement with the victims, and there is no circumstance that the defendant has made any effort to recover damage to the victims.

On the other hand, it is favorable that the defendant recognizes and reflects his crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is not deemed to be too minor or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

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

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