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(영문) 수원지방법원 2020.08.14 2020노1627

사기미수등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment of the lower court (three years of imprisonment and confiscation) shall be too unreasonable; and

Prosecutor: The sentence of the court below is too uneased and unreasonable.

2. We also examine the arguments of the Defendant and the Prosecutor.

The Korean Criminal Procedure Act, which takes the principle of trial-oriented and directness, has no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) According to the reasoning of the lower court’s judgment, the Defendant’s economic benefits acquired by the Defendant due to the act of fraud are part of the crime, and the Defendant’s criminal record and all the sentencing conditions indicated in the argument and records of the instant case, including the following: (a) there is no particular change in the sentencing conditions compared to the lower court; (b) the circumstance and content of each of the instant crimes; (c) the subsequent circumstances; and (d) the amount of damage incurred by the fraud except the attempted attempts reaches KRW 150 million; (c) the damage recovery was not made; (d) the degree of damage was considerably high; (e) the blood alcohol concentration at the time of drinking driving; and (e) the economic benefits acquired by the Defendant due to the act of fraud are partly part of the crime; and (e) the Defendant’s criminal record and the Defendant’s criminal record are deemed to have exceeded a reasonable

The defendant and prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.