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(영문) 광주지방법원 2017.04.18 2017노198
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The Defendant was found to have committed the instant crime for the first time, but all of the instant crimes were found to have been committed. However, the Defendant did not make any effort to recover the damage by issuing a promissory note to the victim and by defrauding KRW 300 million to the victim, thereby not being able to use the method to commit the crime.

On the other hand, the crime of this case constitutes a single concurrent crime after Article 37 of the Criminal Act and should consider equity with the case where the judgment was rendered at the same time. However, there is little room for consideration as it is highly probable that the crime of this case and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud) in the judgment of the court below, which is a single concurrent crime after Article 37 of the Criminal Act, has embezzled or stolen approximately KRW 5.4 billion.

In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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