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(영문) 광주지방법원 2015.09.22 2015노1408
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

Judgment

Around October 2014, the defendant paid KRW 20 million to the victim D, KRW 20 million to the victim F, KRW 2 million, and KRW 11 million to the victim D's attached I during the compulsory auction procedure of the apartment house in which the defendant living on September 1, 2015, was distributed to the victim D's attached I during the compulsory auction procedure of the apartment house in which the defendant living, under favorable circumstances, such as the fact that there was no record of punishment for the same kind of crime, the total sum of the amount acquired by the defendant from the victims reaches KRW 129 million, and even if the amount is excluded as above, the amount not repaid is equal to KRW 10 million, and there is no agreement with the victims, and other unfavorable circumstances such as the defendant's age, character and environment, and environment, and the scope of recommended balancing of sentencing guidelines (within August 4, 2015).

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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