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(영문) 서울남부지방법원 2018.06.29 2018노683

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy or (six months of imprisonment) it is too heavy.

2. The circumstances favorable to the defendant are that the defendant's mistake is recognized and reflected, and that the total amount of damage caused by fraud is about KRW 100,000,000.

However, in full view of the fact that the defendant has been subject to criminal punishment more than 30 times, including four times of punishment, and all the sentencing conditions shown in the records and arguments of this case, such as the circumstances before and after the crime of this case, the age, sex, occupation and environment of the defendant, etc., the sentence imposed by the court below is judged appropriate, and it is not unfair or too poor. Thus, the argument by the defendant and the prosecutor is without merit.

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