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(영문) 수원지방법원 2016.06.22 2016노2474

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both the criminal defendant and the prosecutor’s unfair argument in sentencing.

The defendant is the first offender, and the defendant recognizes and reflects the crime of this case.

On the other hand, the crime of this case is not likely to be committed by deceiving the victims and deceiving them total of KRW 47.9 million.

As above, even though the amount of defraudation is a considerable amount of KRW 47.9 million, damage recovery has not yet been made up to the judgment of the party.

In addition, considering the defendant's age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, all of the sentencing conditions such as the defendant's age, family relation, sex, environment, etc., the sentence imposed by the court below against the defendant is deemed appropriate, and it is deemed unfair because it is too heavy or unbrupted. Thus, the defendant's and prosecutor'

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