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(영문) 광주지방법원 2016.06.01 2016노1064
사기
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: 10 months of imprisonment; 2 years of suspended sentence in 10 months of imprisonment; and 80 hours of community service) is too unhued and unreasonable.

B. Defendant A’s punishment is too unreasonable.

2. The amount that the Defendants acquired by deception from the victims is at least KRW 315 million.5 billion.

G with the largest amount of damage was submitted to the lower court, and withdrawn the agreement, and wanting to punish the Defendants.

This is disadvantageous to the Defendants.

On the other hand, the Defendants recognized all the crimes of this case and seriously reflect on their mistake.

Victim I and K have withdrawn the complaint in consultation with the Defendants.

There is no criminal record for the Defendants, and there is no other criminal record except for the previous criminal record for the Defendant A, once before and after the fine of this kind, and the Defendant B, twice after the 1998.

This is favorable to the defendants.

In addition, when comprehensively considering the circumstances of the instant crime, the circumstances after the instant crime was committed, the Defendants’ age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair because it is too heavy. Therefore, the Prosecutor’s assertion on Defendant A and the Prosecutor is without merit.

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

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