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(영문) 광주지방법원 2015.03.12 2015노78
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four months of imprisonment) by the lower court is too unreasonable.

2. The fact that the Defendant’s mistake is divided and contradictory to himself, and the crime is committed on September 14, 201 and October 31, 2013, which became final and conclusive on October 31, 201 and is in the concurrent relationship between each crime of fraud and the latter part of Article 37 of the Criminal Act, and thus, it is necessary to take into account the case of being tried at the same time and equity, and C pays KRW 15 million out of the amount of damage, etc.

However, in full view of the unfavorable circumstances, including the fact that the Defendant has been punished for the same kind of crime five times and that it is difficult to deem that the Defendant has made efforts to recover damage to the victim, and all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, the environment, the circumstances and result of the instant crime, etc., the lower court’s punishment is too unreasonable. Thus, the Defendant’s assertion is without merit

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

[However, since it is clear that the part of the "passbook copy (F, Nonghyup)" in Section 15 of the original decision is a clerical error in the "passbook copy (E, Nonghyup)", it shall be corrected in accordance with Article 25 of the Regulation on Criminal Procedure.

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