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(영문) 광주지방법원 2017.08.29 2017노2182
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. Although the Defendant has been subject to punishment several times, there is no enemy who had been punished since 2001, and there is no record of being punished for fraud.

However, when the defendant delivers a bill issued by another person, the defendant could not recover not only the amount of damage but also the amount of damage by deceiving 30 million won or more.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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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