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(영문) 광주지방법원 2017.02.07 2016노1056
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the other hand, the defendant asserts that the defendant is too poor and unfair against the punishment of the court below (two years of suspended sentence for ten months of imprisonment, community service) on the summary of the grounds for appeal, while the prosecutor appealed each appeal by asserting that it is too unfasible and unfair.

2. The amount obtained by deception or embezzled by the accused exceeds KRW 30 million, and even if there were the records of multiple punishments for fraud and embezzlement, the Defendant again committed the instant crime.

On the other hand, the defendant paid part of the amount of damage to the court below and agreed with the victims, and there is no record of punishment exceeding the suspension of execution.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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