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(영문) 광주지방법원 2016.08.23 2016노1632
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The judgment defendant does not commit the same crime, and is not subject to criminal punishment exceeding the previous fine.

However, there is a large amount of damage by deceiving a large amount of KRW 250 million from the victim, and the victim is punished for the defendant.

In addition, the defendant was unable to repay the amount of KRW 135 million out of the amount obtained by deception, and there is no change in the sentencing conditions of the court below when it was judged otherwise.

When determining these circumstances by comprehensively taking account of various circumstances, such as the Defendant’s age, sex, environment, and circumstances after the crime, the sentence of sentence on the Defendant is inevitable.

In addition, considering the fact that the maximum range of the sentencing guidelines is one year [the basic area of two types (at least KRW 100 million, but less than KRW 500,000)] of imprisonment with prison labor (the basic area of two types (at least KRW 100,000,000)], the court below held that the punishment of one year and two months of imprisonment with prison labor against the defendant is heavier than that of a reasonable discretion to destroy it.

shall not be required to do so.

Therefore, the defendant's appeal is without merit.

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

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