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(영문) 광주지방법원 2015.02.11 2014노2865
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment that the defendant recognized his mistake in this court, the fact that the victim has repaid KRW 50 million to the victim, etc. However, the total amount obtained by deception is a large amount of KRW 121 million, while the defendant was sentenced to a suspended sentence of six months on May 19, 201 due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and committed the crime of this case during the suspended sentence of six months, which was sentenced to a suspended sentence of two years on May 19, 201, and the defendant did not comply with the promise that he would have paid the unpaid amount of KRW 71 million,00,000, and the victim expressed his intent to cancel the agreement at the court below and punish the defendant. In addition, considering the circumstances leading to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and environment, the above argument by the court below is not justified, and it is not reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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