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(영문) 광주지방법원 2014.01.29 2013노2731
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (two years of suspended execution and one year and two months of imprisonment with prison labor for four months) is too unreasonable.

2. The judgment of the court below that the defendant recognized his mistake, and that the amount of each damage was paid to seven victims, such as X, W, BD, BE, BG, H, BH, and BI, up to the time of the judgment of the court below, and that each crime of the judgment of the court below that was sentenced to a stay of execution of four months by imprisonment in the court below is more favorable than that of both the crime of fraud as stated in the judgment of the court below and the concurrent crime under the latter part of Article 37

However, in light of the crime period, frequency, number of victims, amount of damages, etc., the crime of this case is not easy to be committed, the agreement with the victims or the restoration of damage was not made to this court except for the payment of damages to 7 victims as seen earlier, and each crime committed by the judgment of the court below which sentenced the defendant several times and one year and two months to imprisonment was committed during the period of suspension of execution. There are unfavorable circumstances that the crime of this case was committed during the period of suspension of execution. Considering the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and environment, it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

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

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