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(영문) 수원지방법원 2017.09.28 2017노5056

사기

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defense counsel recognized the mistake of the defendant and reflects it, and that there is no record of criminal punishment, the sentence of the court below that sentenced one year of imprisonment is too unreasonable.

B. In light of the fact that the amount obtained by the Defendant by the public prosecutor exceeds KRW 200 million, the victims are many, and the damage has not been recovered, etc., the sentence of the lower court is too uneasible and unreasonable.

2. The crime of this case is a false statement to the purport that "the defendant borrowed money to the victims of the Dongdaemun-gu market because he is engaged in money business and can give high-rate profits." The crime of this case is not likely to be a crime that is obtained by delivery of approximately KRW 210 million from 11 victims in total, and the damage is not recovered. On the other hand, the defendant's mistake is recognized and against the defendant, there is no record of criminal punishment, and all of the sentencing conditions in the records and arguments of this case, including the defendant's age, sex, sex, environment, degree of damage, motive and circumstance of the crime, circumstances after the crime, etc., are considered as appropriate, and it is not determined that the punishment of the court below is too heavy or too excessive, and the above argument is not reasonable. Therefore, all of the above arguments are without merit.

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