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광주지방법원 2018.10.30 2018노2147
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant is against all of the instant crimes, and the equity should be taken into account when the judgment was rendered at the same time as each of the criminal records recorded in the judgment of the lower court that became final and conclusive.

However, the crime of this case is that the defendant deceivings 2 victims and defrauds 60 million won in total, and the crime of this case is not appropriate in light of the method of crime and the amount of fraud.

The defendant has been punished several times for the same crime, and did not reach an agreement with the victims until the time of the trial.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

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