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(영문) 광주지방법원 2018.06.12 2018노1245
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. Although the judgment of the defendant recognized all of the crimes of this case, the crime of this case is committed by the defendant, who acquired a total of 4.51 million won from the victims and concealed a vehicle which created a mortgage, thereby obstructing the exercise of the right. The crime of this case is not easy.

The defendant was punished seven times by a fine due to the same crime of fraud, and did not receive a letter of suspicion from the victims until the case is in question.

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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