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(영문) 광주지방법원 2020.08.18 2020노1240
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. A favorable circumstance is that the Defendant recognized all of the instant crimes, agreed with the victim D, returned the vehicle to the victim Q Q, and the victim Q would have sold the vehicle in KRW 9,900,000 and the damage equivalent to the said amount would have been restored.

On the other hand, there are only one previous conviction of a fine for fraud similar to the Act on the Acceptance of Crimes, and there are many victims of the fraud of this case, and in light of the method of the crime and the amount of damage, etc., the nature of the crime is not good, and there is no agreement with the victim except the victim D.

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, 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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