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(영문) 광주지방법원 2018.11.13 2018노1651
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects it, and the defendant has no criminal record exceeding the same kind and fine, etc. are favorable circumstances.

However, the total amount of the damage caused by the defraudation of this case is not much than KRW 150 million, and the victim agreed with the victim at the investigation stage, but the victim wanted to be punished for the reason of the non-performance of the conditions agreed by the defendant, etc. is disadvantageous.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. 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.

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