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(영문) 광주지방법원 2018.01.17 2017노4138
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the Defendant’s mistake is divided, and the crime of this case is established in relation to the crime of fraud for which judgment has become final and the concurrent crimes of a group after Article 37 of the Criminal Act, and that the principle of equity should be taken into account when judgment is rendered at the same time under Article 39(1) of the Criminal Act.

However, it is not good that the crime of this case is committed, even if the defendant had been tried for the same kind of crime, again commits the crime of this case, and even though the amount of damage from the crime of this case was a large amount, the full recovery of damage or agreement has not been reached until the trial was held. In addition, considering the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the punishment of the court below is too unreasonable. Thus, the above assertion 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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