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(영문) 광주지방법원 2018.11.27 2018노2763
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (i) the lower court’s punishment (ii) the first offense against the order of 2017 high group 1289 case: imprisonment with prison labor for 2 months, and (ii) the remaining offenses: imprisonment with prison labor for 2 years and 2 years and 6 months) is too unreasonable.

2. The judgment of the Defendant recognized the instant crime and reflects on it, and the offense No. 1 of the case No. 2017 order 1289 of the lower judgment as indicated in the lower judgment ought to be taken into account the equity between the judgment of the lower court and the case where the judgment is rendered simultaneously with

However, there is a history that the defendant was punished for the same type of fraud, a number of victims were actively accused, and the total amount of the damage by deception was about KRW 276 million, which is a large amount of crime of this case, and most of the damage amount was not repaid up to the trial of the party, and the victims want to punish the defendant.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. 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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