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(영문) 서울남부지방법원 2016.06.02 2016노389

사기

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the following circumstances, the sentence imposed by the court below on the Defendants (the sentence imposed by Defendant A, Defendant B, Defendant B, and Defendant B, 6 months of imprisonment) is too unreasonable.

1) Defendant A: (a) Defendant B: (b) recognized the crime in the first instance court; (c) there is relatively minor degree of participation; (d) deposited the crime in the lower court to recover damage; (c) deposited KRW 17 million with G and Defendant B due to lack of experience; (d) deposited KRW 17 million with the victim to recover damage; and (e) repaid the victim separately; (e) Defendant B paid the amount of money to the victim; (d) paid the money to the victim; (e) the economic situation is not adequate; (e) recognized the crime in the first instance court; (e) there is relatively minor degree of participation; (e) deposit of KRW 10 million with the court below to recover damage; (e) deposit money of KRW 10 million with the court below to recover damage; and (e) there is little benefit acquired by the individual by the crime; and (e) the amount of imprisonment with prison labor upon the sentence of imprisonment with prison labor in this case

B. In light of the fact that the public prosecutor’s damage in the instant case was high at KRW 200 million and has not yet been recovered, the Defendants, despite the lack of practical ability to sell a commercial building, by deceiving the victim and using part of the money for personal purposes, etc., and denying the crime from the court below to the court below, the punishment sentenced to the Defendants is too uneasible and unfair.

2. In full view of the circumstances alleged by both parties on the grounds of appeal, the Defendants’ age and character, motive and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment is not deemed to be too heavy or unreasonable.

3. In conclusion, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal by the Defendants and the public prosecutor is without merit. It is so ordered as per Disposition.