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(영문) 광주지방법원 2014.05.21 2014노63
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The following facts are favorable: (a) the Defendant recognized his mistake; and (b) the fact that there is a concurrent relationship between the previous conviction in the judgment of the court below and the latter part of Article 37 of the Criminal Act and the judgment should be taken into account

On the other hand, the total amount of defraudation is about KRW 190 million and has not been recovered from damage and has not been agreed with the victims are disadvantageous circumstances. In addition, comprehensively taking account of the circumstances of the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, and environment, etc., the court below's punishment 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 it is without merit. It is so decided as per Disposition.

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