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(영문) 광주지방법원 2015.11.12 2015노1207
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (two years of suspended execution for six months of imprisonment, and 120 hours of community service) is too unreasonable.

Judgment

The fact that the defendant's criminal act is recognized, the amount of fraud is not very large of 15 million won, and the fact that the defendant has no criminal record for the same kind of crime is a favorable sentencing factor.

However, the crime of this case is not deemed to be a use of personal trust relationship, and the damage is not yet recovered, etc., and the court below is deemed to have determined the punishment by fully considering the circumstances favorable to the defendant. The court below's reasoning is without merit, considering the following factors: (a) the circumstances leading up to the crime of this case; (b) the circumstances leading up to the crime of this case; (c) various sentencing data on the arguments, such as circumstances after the crime of this case; (d) the defendant's age, character and conduct, and environment; and (e) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (general fraud Type 1 (less than KRW 100: imprisonment of less than KRW 6 months) to one year and six months). Thus, the defendant's argument is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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