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(영문) 광주지방법원 2014.10.15 2014노631
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. The fact that the defendant's mistake is recognized, the amount of fraud is not much than KRW 2.4 million, the fact that the criminal defendant's fraud is not much much more than KRW 2.4 million, and the fact that equity is to be considered at the same time with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act with the previous conviction for which the judgment of the court below became final and the judgment of the court below is to be judged, while the criminal defendant can be tried to commit the crime of this case on August 30, 2012, which was sentenced to the imprisonment of 2 years for the suspension of execution as of August 30, 2012 and was committed again during the suspension of execution, and the fact that the damage recovery was not made and the victim did not agree with the victim is normal, and considering all the various sentencing conditions specified in the argument of this case, the defendant's assertion is not reasonable 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 since it is without merit. It is so decided as per Disposition.

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