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(영문) 서울중앙지방법원 2014.05.23 2014노1243

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below is too heavy in consideration of the fact that the defendant committed the crime of this case and is against the mistake, and the circumstances leading to the crime of this case for the purpose of maintaining livelihood.

B. In light of the fact that the amount of the fraud by the prosecutor in this case reaches KRW 6,958,00, the damage to the victim E is not recovered, and that there is the same criminal power, the sentence of the court below shall be too minor.

2. The judgment of the court below that the defendant again committed the crime of this case during the period of repeated crime of fraud, and that KRW 67,80,000 of the victim E was not recovered from the damage caused by the fraud of this case. Meanwhile, the defendant was fully aware of the crime of this case and reflects his mistake in depth, the defendant agreed with the victim N, and the crime of this case must consider equity in sentencing with the case of concurrent crimes in the latter concurrent crimes of Article 37 of the Criminal Act at the same time, and the defendant's age, character, behavior, motive, means and consequence of the crime of this case, circumstances after the crime of this case and sentencing guidelines, etc. are considered in full view of all the circumstances that are the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, motive, means and consequence after the crime of this case.

Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.

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