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(영문) 광주지방법원 2016.11.22 2016노3374
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the other hand, the prosecutor appealed to the court below's decision that the defendant's punishment (six months of imprisonment) is too unreasonable, while the prosecutor appealed to the court below's decision that it is too unhued and unreasonable.

(The prosecutor stated his opinion that the defendant should be punished by imprisonment for one year). 2. The judgment defendant has no record of being punished for the same kind of crime or imprisonment, and all of his crimes are recognized.

However, after the defendant acquired the security deposit from the victim, he continuously maintains the trust relationship with the victim and obtains the additional money as a fund for the operation of coffee shop, thereby causing substantial damage to the victim, and his responsibility is extremely heavy.

Nevertheless, there is no change in the sentencing conditions in the court, such as that the defendant is still unable to recover damage from the victim.

In addition, considering the fact that the sentencing conditions in this case, such as the age, character and conduct, environment, etc. of the defendant, and the lowest scope of the sentencing guidelines, are six months of imprisonment (the amount less than KRW 100 million) with prison labor, the lower court’s punishment is within the reasonable scope of discretion and is not deemed to be excessive or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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

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