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(영문) 광주지방법원 2015.11.25 2015노1325
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two years of suspended execution for one year of imprisonment, and eight hours of community service) is too unreasonable;

2. The judgment of the court below is recognized in light of the following circumstances: (a) the defendant recognized his mistake and reflects, agreed with the victim, and the health of the defendant is not good; (b) while the court below seems to have already taken into account the above circumstances favorable to the defendant; (c) the defendant again committed the instant fraud even though he had been punished by a fine of KRW 7 million in fraud in 2011; and (d) the total amount of the defraudeds up to KRW 162 million is disadvantageous circumstances; and (e) other factors such as the circumstances leading up to the instant crime, circumstances after the commission of the crime, the defendant's age, character and conduct, and environment, etc., are considered to be too unreasonable, and thus, the above argument by the defendant 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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