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(영문) 광주지방법원 2018.10.30 2018노2612
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the crime No. 1 and No. 3 in its holding: Imprisonment with prison labor for 6 months, and the crime No. 2 in its holding: imprisonment with prison labor for 3 months) is too unreasonable.

2. The facts that the judgment of the defendant recognized the crime of this case, agreed with the victims, and the crime No. 2 in the judgment of the court below should be considered at the same time as that of fraud in the judgment of the court below which became final and conclusive.

However, there are several criminal records of the defendant for the same fraud, in particular, the fact that the defendant committed the crime No. 1 and No. 3 of the judgment in the period of repeated crime due to the same fraud, and the amount of money acquired by the defendant is relatively large.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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