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(영문) 춘천지방법원 강릉지원 2017.08.31 2017노158

사기

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court (Defendant A: a fine of KRW 10 million, Defendant B: a fine of KRW 5 million) is too unreasonable.

B. Each sentence of the lower court by the Prosecutor is too uneasible and unreasonable.

2. In full view of the circumstances that are disadvantageous to the Defendants, such as the fact that the Defendants’ mistake was divided and reflected in depth; Defendant A did not have the history of crime; Defendant A did not have the history of crime; Defendant B was sentenced one time to a fine; the Defendants paid the amount of damage to the entire National Assembly of F University to compensate for the actual damage inflicted upon the Defendants; the crime of this case is very poor that the Defendants, who are in charge of the president or executive officers of the said university, used his position, used the position to commit the crime of private interest; and the amount of damage exceeds 27 million won; and other various sentencing conditions as well as the records and arguments, such as the age, character and character environment of the Defendants; and the circumstances before and after the crime, etc., the lower court’s punishment against the Defendants is adequate, too excessive or less.

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, since all of the appeals by the Defendants and the public prosecutor are without merit. It is so decided as per