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(영문) 광주지방법원 2018.10.02 2018노2477
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized all of the crimes of this case, reflected in the investigation, voluntarily returned to Korea, and responded to the investigation, and the health is not good.

However, the crime of this case is not appropriate because the defendant did not pay approximately KRW 130 million in total at face value to KRW 27,000,000, and acquired approximately KRW 20 million in total from the victims.

In 1986, the Defendant was punished for a fine of KRW 300,00,00 for fraud and KRW 100,00 for a period of suspension of execution in August of 1993, respectively. After committing the instant crime, the Defendant escaped abroad for about 22 years, and did not pay damages to the Defendant.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

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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