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(영문) 광주지방법원 2020.11.05 2020노1042
사기등
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 (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized and reflected all of the instant crimes in the trial, and that there was an agreement with G, B, D, Q and AJ among the victims in the lower trial.

[On the other hand, the defendant transferred a cafeteria to the victim G, withdrawn civil-related cases, and further agreed with the victim G. However, as long as the defendant was already determined by considering the agreement with the victim G and the agreement with the victim G (the trial record No. 158 pages) was planned to recover the above victim's damage, it is difficult to deem that the above circumstance alleged by the defendant in relation to the victim G is a ground for further mitigation of the defendant's punishment. Furthermore, even if the victim's fraud amount to the victim's Z is merely about KRW 680,000,000,000 out of about 68,000,000 won of the total amount by fraud, it is difficult to view that there was an additional agreement with the court below about the victim's Z, which would result in a change in the sentence of the court below. On the other hand, it appears that the defendant's deceptive amount was calculated as about KRW 68,000,000,000 as the prosecutor's opinion on September 29, 200.

However, the facts charged in the instant case and the facts constituting the crime of the lower judgment that found the Defendant guilty are stated in the amount of fraud (2019Da3511) related to the shipbuilding yard as KRW 5 million, and based on this, it can be seen that it is KRW 670,710,000 if the sum of the total acquired money is calculated.

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