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(영문) 광주지방법원 2016.07.20 2016노1580
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. It seems that the judgment is favorable to the fact that the defendant recognized his/her mistake and reflects it, and that part of the money he/she acquired by deception is repaid.

On the other hand, the court below seems to have determined a punishment in consideration of such favorable circumstances, and there is no change of circumstances that may be newly considered in sentencing after the decision of the court below, the total amount obtained by the defendant is about KRW 190 million, and the crime of this case is a large amount of up to the total amount of KRW 100 million, and the crime of this case is not generally appropriate, and in particular, the victim D and G are not in trust with the victims by marriage, and they receive cash and credit cards under various circumstances, with cash and credit cards, which are very poor in light of the method and circumstances, and the victims have suffered a big mental suffering, and the victims have been demanding a severe punishment against the defendant, and they have committed the crime of this case during the period of repeated crime due to the same kind of crime.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s punishment is too too unreasonable, and thus, the Defendant’s allegation is without merit.

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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