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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2016.04.28 2016노95
사기등
Text

The defendant's appeal is dismissed.

The defendant will pay 340,000 won to the applicant J.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a year and six months of imprisonment, a fine of 3,000,000) is too unreasonable.

2. The following facts are favorable to the Defendant.

The defendant is against the defendant.

The victim AI returned 235,00 won to the victim AI, and the victim N returned 10,000 won out of 5,050,000 won to the victim N.

On the other hand, the following is disadvantageous.

The defendant deceivings 27 victims as if he sold merchandise coupons, childcare goods, etc., defrauds them about a total of KRW 10 million, uses the I's resident registration certificate in the process, unlawfully uses the I's resident registration certificate in the process, and as if he uses it for operating expenses, he is not guilty by deceiving the victim N of KRW 50,000 and by deceiving 5050,000.

Each of the crimes of this case was committed under the surveillance during the period of probation due to the same crime (for example, 35 victims and 8.7 million won in total).

In spite of being investigated by an investigative agency due to fraud, there is a high room for criticism by refusing to comply with the demand of an investigative agency for attendance, and continuing to commit fraud.

The victims did not reach an agreement with the victims, and most damages did not have been recovered.

In addition, comprehensively taking account of the defendant's age, sex, environment, and circumstances after the crime, various sentencing conditions shown in the records and arguments of this case, the court below's punishment is too unreasonable, and thus, the defendant's assertion 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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