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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (three months of imprisonment and six months) is too unreasonable.
2. When the Defendant was in a trial, the Defendant was aware of all the crimes of this case, and shows his attitude of understanding his mistake.
In addition, the court below did not want to punish the defendant when the victim E, T, and the party trial agreed that the victim'sO was only the victim's.
In addition, the fact that the BMW car out of the damaged goods seems to have been returned to the victim E, and each fraud committed against the victim E is considered as above in relation to larceny, etc. finalized on August 19, 2010 and the latter part of Article 37 of the Criminal Act, and the principle of equity in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act should be considered in favor of the defendant.
However, the crime of this case is committed by deceiving the victim E, deceiving the two vehicles from the above victim, embezzlement one vehicle owned by the victim J, deceiving the victim'sO twice through two times, defrauding the victim's total sum of 16,100,000 won from the above victim, by deceiving the victim T and deceiving the victim to acquire the victim's 20,000,000 won from the above victim, and it is significant that the crime of this case is repeated against the majority victims, and that the crime of this case is punished by fraud and embezzlement.
In addition, the defendant has not yet reached an agreement with the victim J and has not yet completed the measures to recover the damage of the above victim.
In addition, it is difficult to view that the Defendant was sentenced to six months of larceny and imprisonment for embezzlement in the Gwangju District Court’s order on June 10, 2010, and the said judgment became final and conclusive on August 19, 2010, and that on September 14, 2010, it is difficult to deem that there is a low risk of recidivism, such as: (a) the Defendant’s commencement of the criminal act by deception against the victimO on September 16, 2010, which was during the period of repeated offense; (b) one sentence for the same crime before the instant crime was committed; and (c) one sentence for other crimes.