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(영문) 광주지방법원 2014.12.17 2014노2439
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment of the defendant recognized his mistake, and the first offender, paid the amount of damage to the victim C, K, L, and M in full, paid approximately KRW 2.7 million out of the amount of damage to the victim F, and deposited KRW 50 million for the victim E, are favorable circumstances.

On the other hand, the crime of this case was committed by the defendant by deceiving the victims who are in a personal relationship with him through the early, middle, and high school so that the crime of this case is not good quality of the crime, the majority of the victims and the sum of the defraudeds is the maximum amount of KRW 198 million, and the amount of the above damage was not fully repaid, and there was no agreement with the victims (the victim M was submitted as of February 21, 2014 with the victim M, but the victim M was tried to punish the defendant with severe punishment in writing as of August 4, 2014).

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and 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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