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(영문) 청주지방법원 2015.05.15 2015노88

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The Defendant, in the first instance trial, shows his attitude to recognize all of the instant crimes and to repent his mistake.

In addition, the fact that the defendant has no record of punishment so far is considered favorable to the defendant.

On the other hand, the crime of this case is a copy of the authorized certificate and resident registration certificate delivered by the victim using the friendly portion with the victim who was not revealed in financial transactions, and the crime of this case was acquired through several bank loans in the victim's name, and the total amount of damage is not less than 24.7 million won, and thus, the punishment of the value of the crime

In addition, the defendant has been punished for a fine and suspension of execution for the same kind of crime so far.

In addition, considering the fact that the victim's damage has not yet been recovered, and other various circumstances, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., it is not recognized that the sentencing of the court below is too heavy or too unreasonable.

Defendant

The prosecutor's ground of appeal cannot be accepted.

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