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(영문) 전주지방법원 2018.04.06 2018노88

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's each punishment of the court below (the crime No. 1 and No. 2 of the judgment of the court below: the fine of 3 million won for each of the crimes) is too unreasonable.

B. The prosecutor’s each sentence of the lower court is too uneasible and unreasonable.

2. The following are the circumstances: (a) the Defendant recognized that all of the instant crimes were committed, thereby reflecting the mistake; (b) the amount obtained by deception is not relatively large in the case of the instant crime of fraud; and (c) the relationship between the crime of fraud for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act, and the equity in the case of

On the other hand, the crime of this case is committed in a planned manner by the defendant, thereby deceiving 7.6 million won by deceiving the victim, and by uttering the official document with the intent to conceal the multiple facts, and thus, the nature of the crime is not weak. Nevertheless, the damage caused by the crime of this case has not been recovered, and the defendant has a record of being punished for a one-time suspended execution prior to the crime of this case, etc., against the defendant.

Considering the aforementioned circumstances and other circumstances, the Defendant’s age, sexual conduct, environment, background, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and other various conditions of sentencing as indicated in the instant records and pleadings, the lower court’s punishment was too heavy or is so unhued that it exceeded the scope of reasonable sentencing discretion.

shall not be deemed to exist.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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