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(영문) 서울서부지방법원 2016.12.08 2016노1079

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The gist of the defendant's appeal is that the court below's punishment (ten months of imprisonment) is too unreasonable, and the gist of the prosecutor's appeal is that the court below's punishment is too uneasible and unfair.

In this case, the Defendant committed fraud repeatedly against many victims from Sep. 2014 to Oct. 2015, 2015, and the Defendant forged a private document and used a forged private document to retain financial institutions, etc., and the amount of damage in this case is a factor that is disadvantageous to the Defendant.

On the other hand, the fact that the defendant led to confession and reflects each of the crimes of this case, that the defendant was the first offender, that most of the victims except for some damage related to the victim L, agree with the victim, or that the damage of this case was fully recovered due to the payment of damages, etc. are factors favorable to the

In addition, in full view of the Defendant’s age, character and conduct, environment, and the circumstances and consequence of each of the instant crimes, etc., the sentence of the lower court is deemed appropriate, too heavy, or too unreasonable, and thus, the Defendant and the prosecutor’s assertion of unfair sentencing is without merit.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.