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(영문) 광주지방법원 2016.07.21 2016노526
사기
Text

The judgment below

(5) No. 1-A, (b), (d), (e), (f) and No. 2 of the ruling, No. 1,3,5 through 9, and 12.

Reasons

1. The summary of the grounds for appeal is that the sentence of the court below (the crime No. 1-C and the crime No. 2-2, No. 4, 10, 11: imprisonment for 8 months, and the crime No. 1-A, (b), (d), (e), (f) and No. 1, 3, 5 through 9, 12 through 15: imprisonment for 4 years) is too unreasonable.

2. Determination

A. The following facts are favorable to the Defendant: (a) the portion on the crimes of No. 1-C and No. 2-C and No. 2-D. 2, 4, 10, and 11 (hereinafter “the part of the lower judgment”) are as follows:

The defendant recognizes his mistake and reflects his fault.

approximately KRW 11 million out of the total amount of fraud 179 million has been repaid.

On the other hand, the following is disadvantageous.

The defendant deceivings two victims over several months, and the amount of fraud reaches about KRW 179 million.

In 2013, the Defendant committed the instant crime in order to prepare the agreement amount even when the trial on the crime of fraud under several laws identical to the instant crime was underway.

In addition, taking into account the circumstances favorable to the Defendant, even if considering the following factors, such as the Defendant’s age, sex, and environment, various sentencing conditions shown in the records and arguments of this case, and the equity in the case where a judgment with a relation of concurrent crimes after Article 37 of the Criminal Act becomes final and conclusive at the same time, the lower court’s punishment is too unreasonable, and thus, this part of the Defendant’s assertion is without merit.

B. The following facts are the parts concerning the crimes of No. 1-A, B, D, F and No. 2 of the judgment of the court below and the crimes of No. 1, 3, 5 through 9, 12 through 15 (hereinafter “the part of the court below’s judgment”) are disadvantageous to the defendant.

The amount of defraudation caused by the instant crime reaches approximately KRW 1.348 billion.

The defendant deceivings 6 victims between 3 and 6 months in a short period of 2 weeks, thereby deceiving a large amount of money (the existence of a victim whose amount of damage is 50 million won or more).

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