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(영문) 광주지방법원 2019.01.30 2018노2352
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 15 million) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the fact that the Defendant recognized the instant crime and reflects the Defendant; and (b) the principle of equity with the case where the judgment is to be rendered simultaneously with the final and conclusive judgment in the lower judgment.

However, in full view of the various sentencing conditions in the instant pleadings, including the fact that the Defendant has been punished for the same kind of crime of fraud, that the victim of fraud has not been recovered from damage, that the number of gamblings is disadvantageous to the Defendant, and that there is no particular change in sentencing conditions compared with the original judgment, etc., the lower court’s punishment is too unreasonable. Therefore, the Defendant’s above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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