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(영문) 광주지방법원 2012.12.12 2012노1966
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years of suspended execution in six months of imprisonment, one hundred and twenty hours of community service) is unreasonable.

2. The judgment of the court below, despite the fact that the defendant's time to commit the crime of this case and reflects the fact that there was no record of punishment for the same crime, the defendant continued to demand the victim to repay the price of the goods even after the crime of this case was committed by false statement to the victim although he did not have the intent or ability to pay the price of the goods, the total price of the goods acquired by the victim does not amount to 14,538,00 won, and the nature of the crime is not good in light of the circumstances of denying the criminal intent by the investigative agency, since the damage was not restored, the victim is punished because he did not recover, there was no record of punishment for other crimes, and the court below sentenced the defendant a proper punishment in consideration of all the circumstances. The court below sentenced the defendant to the punishment of this case, considering the following facts, there is no change of circumstances that can be newly considered in sentencing after the sentence of the court below, and the sentencing guidelines for the crime of this case (general category 1: 6 months to 6 months), age, character and behavior of the defendant, motive, motive, means and consequence of the crime of this case, etc.

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

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