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(영문) 광주지방법원 2019.05.28 2018노2180
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, three years of suspended execution, one year of probation, one of 120 hours of community service order) is too unreasonable.

2. The judgment of the court below recognized the crime of this case, and it constitutes an element of sentencing favorable to the defendant that the victim does not want the punishment of the defendant by mutual consent with the victim.

On the other hand, the amount of damage, such as the money obtained by the defendant from the victim exceeds a total of 300 million won, the crime has continued for about 8 months, and the defendant has been punished for the same type of fraud, etc. is an element of sentencing unfavorable to the defendant.

The lower court determined the sentence against the Defendant by comprehensively taking into account the factors favorable to the Defendant, and there is no change in the sentencing conditions that may be specially considered in the trial compared with the lower court.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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