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(영문) 광주지방법원 2020.02.06 2019노2695
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant paid 69 million won to the victim out of the amount of fraud of this case is favorable to the defendant.

On the other hand, even if the Defendant was issued a summary order of KRW 5 million due to the criminal facts similar to the instant case in 2016, the Defendant committed the instant crime, and that the defrauded amount to KRW 126 million is a large amount of money that is unfavorable.

In addition, the circumstances of the crime of this case, the circumstances after the crime of this case, the age, character and conduct, environment, etc. of the defendant and the sentencing guidelines for the enactment of the Sentencing Committee.

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The defendant's assertion is without merit on the grounds that the court below's punishment is too unreasonable in light of the basic area of recommendation [the scope of recommendation area and recommendation range], the basic area of imprisonment with labor for one to four years, etc., and the scope of recommendation punishment [the decision of type] according to the sentencing guidelines [the general fraud type 2] 10 million won or more, the amount of less than 500 million won [the special person]. The defendant's argument is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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