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(영문) 광주지방법원 2017.01.24 2016노4372
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal (four months of imprisonment with prison labor), the Defendant asserts that the Defendant was too unfasible and unfair, while the prosecutor appealeded against each other by asserting that it is too unfasible and unfair.

2. The method of crime is inadequate by abusing the situation in which the victim's child was unable to find a job, and the amount of damage is not specified by deceiving the victim's total sum of KRW 15.7 million from the victim, and the victim did not reach an agreement with the victim. Although there was a record of punishment five times due to fraud, the crime of this case was committed and the risk of recidivism is also high.

On the other hand, the judgment finalized on April 5, 2016 and the crime of this case against the defendant are concurrent crimes with the latter part of Article 37 of the Criminal Act, and the punishment should be imposed in consideration of equity with the case where the crime is adjudicated at the same time pursuant to Article 39(1) of the Criminal Act. The defendant is not in a state of health due to a chest, etc.

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 argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

3. As such, the appeal 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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