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(영문) 광주지방법원 2020.12.22 2019노1664
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two years of suspended sentence for one year) of the lower court is too unreasonable.

2. The facts that the Defendant recognized the instant crime, the victims and the victims were not punished by the Defendant, and the Defendant did not have any criminal record exceeding the fine are favorable circumstances.

On the other hand, the fact that the defendant has been sentenced to a fine for fraud, many victims of fraud and the amount of damage, and the act of borrowing the registration certificate of construction business can cause social harm, such as accidents caused by defective construction, and the liability for the crime is not weak.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, it cannot be deemed that the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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