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(영문) 광주지방법원 2020.10.15 2020노1658
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. The fact that the Defendant was found to have committed the instant crime and recognized the instant crime, the fact that the Defendant repaid approximately KRW 40 million to the defrauded with interest, etc., and that the Defendant agreed with the victim of the forgery of private document is favorable to the Defendant.

On the other hand, there are many cases such as the fact that the amount of fraud by the accused is a total of 78 million won, the fact that the accused does not agree with the defrauded or does not recover the remaining damage in the trial, and the fact that the same criminal records of the fraud are several times.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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