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(영문) 창원지방법원 2016.02.04 2015노2699

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserts that the punishment sentenced by the lower court (ten months of imprisonment) is too excessive and unfair.

B. The prosecutor asserts that the above sentence imposed by the court below is too unfilled and unfair.

2. It is recognized that the defendant recognized his mistake and reflected his mistake.

However, considering the following circumstances: (a) the sum of the amount obtained by deception due to the instant crime reaches KRW 100 million; (b) the Defendant did not submit any particular data on the recovery of victims’ damage until the depth of the party; and (c) the Defendant had the records of having been punished several times as the same kind of crime in the past; and (d) there are no special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; (b) the Defendant’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime; and (c) various circumstances that form the conditions for sentencing as indicated in the instant pleadings and records, such as the circumstances after the crime, etc., it is not recognized that the

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.