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(영문) 광주지방법원 2014.10.29 2014노2252
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

Judgment

It is more favorable that the defendant's mistake is recognized, and that there is no criminal conviction or fine exceeding the same kind of criminal record or fine.

However, in light of the following: (a) the defrauded amount is a large amount of KRW 475 million; (b) approximately KRW 100 million out of the defrauded amount is not returned to the victim; (c) it is unfavorable that the victim did not agree with the victim up to this court; and (d) the amount of KRW 370 million out of the defrauded amount was returned to the victim; (b) it was paid as the principal and interest of part of the money borrowed from the victim as part of the defrauded amount; (c) it is difficult to regard it as pure meaning recovery; and (d) it is difficult to regard it as pure meaning recovery; and (e) taking full account of various sentencing conditions in the argument of this case, such as the background of the crime of this case, circumstances after the crime, Defendant’s age, character and conduct, and environment, the sentence of the court below is too unreasonable, and thus, the Defendant’s assertion

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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