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(영문) 광주지방법원 2013.06.12 2013노659
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. According to the response of the judgment of the Director of Gwangju Probation to the fact that the defendant led to a confession of facts constituting a crime and reflects against the defendant for three months of detention, and that part of the amount of damage has been repaid, the victim is stated to have suffered economic damage of KRW 29,855,00 in total, which means unrepared damage.

Although it is recognized that the defendant was sentenced to five months of imprisonment for fraud on October 18, 2007 and completed the execution of the sentence on March 17, 2008, and again commits a fraudulent crime on June 17, 2009, and completed the execution of the sentence on September 15, 2010. In light of the defendant's act of committing the crime of this case in the same kind during the repeated crime period, it seems that the defendant's attitude seems to be serious. Each of the crimes of this case in this case is the defendant's intentional and planned deception of the victim, and it is not good that the crime is committed by the defendant, such as the total fraud amount of 46,775,00 won or more, the defendant did not agree with the victim until now, the defendant did not appear to have reached an agreement on the execution of the sentence three times as well as the above punishment, and the circumstances and circumstances that led to the change in the defendant's environment, including the following circumstances, and there are no extenuating circumstances to the court below's circumstances.

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

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