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(영문) 광주지방법원 2015.05.26 2015노430
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (a crime of fraud listed in the table of crime Nos. 1 through 9 in the original judgment: Imprisonment with prison labor for one year and six months, and a crime nos. 10 through 31 in the table of crime in the original judgment: imprisonment with prison labor for ten months) is too unreasonable.

Judgment

The crime of fraud listed in the table Nos. 10 through 31 of the crime committed in the judgment of the court below is committed during the period of repeated crime after the period of parole has elapsed since the parole was granted to the victim for the same crime, and in light of the defendant's age, character and conduct, environment, and all the sentencing conditions indicated in the records of this case, it cannot be deemed that the sentence of the court below is too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit, and Article 364 (1) of the Rules on Criminal Procedure is dismissed in accordance with Article 25 (1) of the Criminal Procedure Act, and Article 3 of the Rules on Criminal Procedure 3 of the judgment of the court below shall be corrected as "the sum of 258,864,000 won shall be received from the victim as total as investment money from the victim," "the sum of 65,250,000 won shall be received from the victim," and Article 347 (1) of the Criminal Act in the part "Article 347 (1) of the Criminal Act" in the "Application of the Rules on Criminal Procedure" of the judgment below shall be corrected as "Article 347 (1) (Attachment Table 1 through 9, 10 or 31 of the Criminal Code shall be comprehensively selected)."

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