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(영문) 광주지방법원 2016.08.25 2016노1363
사기
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: one year and six months of imprisonment, six months of probation, one year of probation, one year of probation, observation of protection, and 80 hours of community service) of the lower court is too unhued and unreasonable.

B. Defendant A’s punishment is too unreasonable.

2. Determination

A. The following determination on Defendant A is an unfavorable circumstance to the Defendant.

The crime of this case is very bad in the nature of the crime by deceiving three victims who want to find a self-employed job and deceiving 90 million won in total.

The Defendant did not make any particular effort to recover damage.

There are many kinds of records, including punishment, for the accused.

On the other hand, the defendant would reflect his mistake and will not repeat his offense.

It is advantageous to the point of view.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or is not deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

B. The crime of this case with respect to Defendant B is an unfavorable circumstance to the Defendant that the crime of this case is committed by deceiving the money by taking advantage of the urgency of the victim who wants to find a self-employed job, and that the crime is bad, and that the amount of damage exceeds KRW 40 million.

On the other hand, the following conditions are favorable.

The defendant reflects his fault.

At the lower court, the Defendant compensated the victim for approximately KRW 20 million.

There is no record of criminal punishment against the defendant.

In addition, in full view of the circumstances leading up to the instant crime, degree of participation, circumstances after the instant crime was committed, Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the instant records and arguments, the Prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.

3. Conclusion, Defendant A.

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