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(영문) 광주지방법원 2012.11.07 2012노1422
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is that the defendant recognized the facts of the crime in the first instance, and the defendant's deception is not expected to be planned, but the amount of the fraud in this case is large KRW 200 million, and the damage is not completely recovered even if the defendant provided sufficient time to repay damage upon the defendant's request, and the defendant did not agree with the victim, there is a criminal record of suspended execution due to the same crime, there is no change in circumstances after the decision of the court below was made, and there are no changes in circumstances after the decision of the court below, and there are other circumstances that are conditions for sentencing as shown in the records and arguments such as the defendant's age, environment, character and behavior, the process and motive leading to the crime in this case, and circumstances before and after the crime, it is not recognized that the court below'

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

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