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(영문) 광주지방법원 2020.09.16 2020노1599
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 Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of fraud against the victim G, J, and P is not strong to the extent of the deception.

The actual amount of damage to the crime of fraud committed against the victim B shall be less than 3.5 million won, and the victim G was paid 7.5 million won.

The defendant has agreed to pay some of the money to the victim J.

The defendant shows his attitude to recognize and reflect his crime, and there is no record of punishment exceeding the fine.

On the other hand, the crime of this case was committed by acquiring economic benefits from 4 victims to 66 million won in total by neglecting the defendant's ability to repay or by deceiving the purpose of the crime, and the scale of damage is not small.

Defendant has the ability to punish fines for the same kind of crime.

The defendant was unable to take a trial by repeatedly not having been absent on the trial date of the court below, and was unable to recover all the victims' damage.

The victim J wanting to punish the defendant again because the defendant did not fulfill the terms agreed upon at the time of the above agreement.

In full view of the Defendant’s age, character and conduct, environment, motive, means, consequence, circumstances after the crime was committed, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, taking into account all the sentencing conditions and sentencing criteria as indicated in the instant argument.

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

3. In conclusion, the appeal filed 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.

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