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(영문) 광주지방법원 2017.10.10 2017노2795
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The Defendant paid 2.5 million won to the victim for partial recovery of the damage, and the Defendant was punished once by a fine for committing a crime of fraud in 1995 and did not have the same criminal record.

Meanwhile, even though the amount of damage is reasonable by deceiving 56 million won, the defendant did not recover most of the damage and did not agree with the victim.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

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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