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(영문) 춘천지방법원 2013.07.17 2013노334

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of imprisonment (eight months of imprisonment) is too unhued and unfair.

B. The sentence of the lower court is too unreasonable.

2. The judgment of the court below is based on the following circumstances: the instant fraud was committed over a long-term period of time, and the nature of the crime, character, environment, motive, means, and consequence of the crime, and the amount of damage reaches 60 million won in total; however, the Defendant did not properly change the damage to the victims and did not reach an agreement; the victim D et al. want to be punished for the Defendant; and the Defendant has no record of being punished for the crime of fraud; there is no record of criminal punishment exceeding the fine; there is no record of being punished for the crime of fraud; and there is no record of criminal punishment in depth of the Defendant’s mistake; and other favorable circumstances such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the court below is deemed appropriate. Thus, each of the above arguments by the prosecutor and the Defendant are without merit.

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