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(영문) 광주지방법원 2013.11.06 2013노1298
사기
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 (four months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The defendant recognized his mistake in this Court, and the fact that the victim returned C's license to the Specialized Construction Financial Cooperative and recovered 19 million won to recover part of the damage is favorable.

On the other hand, the transfer of this case to the company, by deceiving the victim about the scale of the debt, and by deceiving the victim about the total amount of 59 million won, the case is not weak, and the defendant has been punished once by imprisonment with prison labor, a fine of one time by fraud, and the damage has not been fully recovered until this court (the victim's statement and the defendant's statement that the damage has not yet been recovered).

In addition, considering the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the sentencing conditions indicated in the instant records and arguments, it is deemed that the lower court’s punishment is too heavy or unreasonable. 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 in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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