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(영문) 광주지방법원 2016.11.23 2016노3474
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The decision-making defendant recognizes all his mistake and reflects his fault.

On the other hand, the crime of this case is not likely to be committed by deceiving a large number of victims who need a loan on several occasions the money in the name of the loan fee.

Although the defendant had a record of being punished five times (two times of fine and three times of punishment) due to the same crime of fraud, he committed the crime of this case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is too unreasonable and inappropriate. Therefore, the Defendant’s allegation is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, since it is apparent that there is an omission of "the relevant legal provision on the facts of crime" in the application of the law of the court below, it shall be corrected to add it ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure, since it is clear that the final

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