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(영문) 전주지방법원 2013.09.27 2013노245

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendants (the defendant A: imprisonment with prison labor for six months, the suspended sentence for two years, and the imprisonment with prison labor for ten months) is too unreasonable.

2. It is reasonable to take into account the fact that the Defendants were the first criminal without criminal records, and that Defendant B was aware of the instant crime, and that the Defendants were seriously opposed to their mistake.

However, even though the amount obtained by the Defendants from the victims is reasonable, the Defendants failed to return the money to the victims at all after the closing of argument in the lower court, and taking into account the following circumstances, such as the Defendants’ age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence imposed by the lower court is too unreasonable. Thus, the Defendants’ above assertion is without merit.

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

[However, the judgment of the court below shall correct "G" in the 15-16th paragraph (1) of the crime of the court below to "(State) I"]