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(영문) 광주지방법원 2019.06.11 2019노640
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects it, and there are no criminal records of the same kind and no criminal records exceeding the fine, etc. are favorable circumstances.

On the other hand, the fact that the amount of the fraud of this case is not much than KRW 50 million, the damage payment was not made until the trial of the case, and the fact that the victim did not agree with the victim is disadvantageous.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of various sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, family relationship, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. As such, 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.

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