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(영문) 광주지방법원 2017.06.13 2016노1885
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The judgment defendant agreed with L, and has no record of being punished for the same kind of crime.

However, the defendant got the 180 million won as sales proceeds of the cutting machine by deceiving the manufacturing of the cutting machine, the process of study, etc. by attaching false name plates to the cutting machine, and the defendant did not pay 180 million won as well as the amount of damage due to poor methods and substantial damage recovery.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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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