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(영문) 광주지방법원 2015.04.22 2015노304
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 facts that the defendant recognized his mistake and reflects the fact that there is a favorable circumstance, but the criminal records of the crime of fraud can be committed against the defendant on the other hand. In particular, on January 3, 2013, the defendant was sentenced to the imprisonment of six months for the crime of fraud and committed the crime of this case during the period of the suspended execution, which was sentenced to the imprisonment of two years for the crime of fraud on January 3, 2013, the amount obtained by the defrauded is a large amount of 100 million won or more, the crime is not good by using the money for gambling such as sports soil and for repayment of personal obligations, and the damage recovery of the victim is not performed. The court below's punishment is too unreasonable, taking into account the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character, and environment, and other various sentencing conditions specified in the argument of this case,

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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