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(영문) 광주지방법원 2016.05.10 2016노518
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal (one year of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the Prosecutor appealed to the lower court by asserting that it is too unfasible and unfair.

2. As stated in the judgment of the court below, the defendant acquired money exceeding KRW 95 million by using personal trust relationship, did not agree with anyone among the victims, and did not endeavor to pay damages.

On the other hand, there is no history of punishment for the same crime, and in the case of victim I, the defendant bears the obligation to return the lease deposit amount of KRW 32 million to the defendant, and if it offsets the amount of damage, he/she is entitled to partial compensation.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the sentencing conditions of the lower court did not change in the sentencing conditions at the trial, and the sentencing of the lower court is within the reasonable scope of discretion.

Therefore, when considering such factors, it is difficult to accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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