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(영문) 광주지방법원 2017.11.16 2017노3311
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the lower court (two years of imprisonment) on each of the remaining crimes except the gambling crimes as to the gist of the grounds for appeal is too unreasonable.

2. The fact that the defendant recognized his mistake and reflects all his mistake, part of the card price in the name of C and the card price in the name of R, part of the card price in the Samsung Card in the name of R, and part of the loans of the Gwangju Bank appears to have been repaid. The loans of the Chang Chang Saemaeul Saemaul Treasury appears to have been repaid through a voluntary auction of real estate, and the fact that the judgment of the court below, which is in a concurrent relationship with the latter part of Article 37 of the Criminal Act, should be considered at the same time as a crime of fraud in the first head of the crime, etc.

However, even if the Defendant excluded the crime of fraud of the first head of the lower judgment, which is in the relationship of concurrent crimes after Article 37 of the Criminal Act, the Defendant had been punished three times for fraud. Each of the instant fraud and larceny crime is actively mobilized by means of the method specified in the document, and the method of committing the crime is inferior, the victims’ damage exceeds the total amount of KRW 200 million, and other circumstances indicated in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and the circumstances after the crime, are not recognized to be too unreasonable, and thus, the Defendant’s assertion is not acceptable.

3. 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 groundless.

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