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(영문) 광주지방법원 2018.10.10 2018노2312
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the Defendant’s mistake is divided, and the crime of this case is established in relation to the crime of fraud for which judgment has become final and the concurrent crimes of a group after Article 37 of the Criminal Act, and that the principle of equity should be taken into account when judgment is rendered at the same time under Article 39(1) of the Criminal Act.

However, considering the fact that the nature of the crime of this case is not good, the amount of damage is considerable, but the full recovery or agreement is not reached to the trial of the case, the balance of sentencing with the same kind of crime, the defendant's age, sex and environment, motive, means and consequence of the crime, etc., and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence after the crime, the court below's punishment is too unreasonable. Thus, the above assertion by the defendant 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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