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(영문) 광주지방법원 2020.06.24 2020노785
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant recognized and reflected the crime. Some victims returned a total of KRW 50 million to the victim or agreed to recover part of the damage.

The Defendant is an initial offender who has no criminal record.

However, the defendant, by deceiving the victims to be engaged in insurance solicitation agent B, or deposit money, by deceiving the victims to be able to be seen as profit if they are subscribed to the insurance, and by deceiving the victims to a total of 670 million won as insurance money, deposit money, etc. In the process, the defendant forged and used public and private documents, such as B insurance policy and written subscription for insurance contract, and even if they were to be able to use such public and private documents. It is very poor to commit the crime because there are many many kinds of laws, contents, and damages.

Although the defendant partly recovered from the damage, there still remains more than 60 million won damage, and some victims want to punish the defendant with severe punishment.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means, consequence, etc. as shown in the records and pleadings, the sentence of the lower court is only within the reasonable scope of discretion, and it is difficult to view that it is unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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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