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(영문) 광주지방법원 2017.01.17 2016노4428
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The amount of damage caused by the Defendant by acquiring a total of 78 million won from five victims is not a large amount of damage.

The defendant is still punished by the defendant because he obtained 20,000 won from C before six years, and did not return the acquired money, and C has not yet suffered a considerable economic loss.

In addition, the defendant has been sentenced to a fine for fraud in 2010.

In addition, the lower court’s punishment is too unreasonable if it is determined by comprehensively taking account of the following circumstances: (a) the Defendant’s age, sex, environment, and circumstances after the commission’s commission’s recommendation on sentencing applicable to this case, and (b) six months (the basic area of “type 1 (less than KRW 100 million”) of imprisonment; and (c) the fact that no change exists in the sentencing conditions in the first instance trial; and (d) the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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