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(영문) 창원지방법원 2017.08.31 2017노1479

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the decision of the court below on the summary of the reasons for appeal (six months of imprisonment) is too unfasible, and that the prosecutor is too unfased and unfair.

2. In light of the following circumstances: (a) the fact that the Defendant is aware of and against his mistake; (b) the fact that the Defendant agreed with the victim C; (c) the fact that the judgment ought to be taken into account at the same time with the case of fraud for which the judgment became final and conclusive; (d) the fact that there is no agreement with the victim D and F; and (e) the fact that the damage amount was not

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

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