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(영문) 광주지방법원 2015.01.29 2014노3004
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 (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment appears to have recognized and reflected all of the crimes of this case, and the facts that the crime of this case and the crime of fraud, which became final and conclusive on July 6, 2012, need to be considered at the same time in relation to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, and the amount of damage to the crime of this case exceeds KRW 76,50,000,000,000, even though about 3 years and 6 months have passed from the time the crime of this case was committed, the damage recovery to the victim was not performed at all. There are many criminal records of the defendant, and there are many criminal records of the defendant, and in particular, on July 15, 2009, the above judgment became final and conclusive at the Gwangju District Court sentenced two years to a suspended sentence due to fraud, etc., and in light of all the sentencing conditions of the defendant's age, character and behavior, environment, the circumstances and outcome of the crime of this case, and the circumstances after the crime, the defendant and prosecutor's allegation are not justified.

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 346(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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