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(영문) 창원지방법원 2014.02.13 2013노2059

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (one year of imprisonment and a fine of five million won) is too unreasonable, and the prosecutor asserts that the punishment sentenced by the court below is too uneasible and unfair.

2. We examine both parties’ assertion of unfair sentencing.

Each of the crimes of this case committed by the defendant by deceiving eight victims, by deceiving them total of KRW 901,420,00, and by deceiving them, by mainly using the money acquired through the sports soil gambling, etc., the case is not less than that against the defendant, but not less than that of the crime, and the fact that the defendant did not agree with the victims, etc. is disadvantageous to the defendant.

Meanwhile, according to the financial transaction details between the defendant and the victims, the defendant is deemed to have paid a total of KRW 455,803,000 in return for profits to the victims, and there is no criminal history of the same kind of crime. Most of the crimes in this case were aware that the victims have used money in the sports earth lottery. The victims have been aware that money was loaned to the defendant in order to receive high rate profits. According to the financial transaction details between the defendant and the victims, the fact that the defendant paid a total of KRW 455,803,00 in return for profits

In full view of the circumstances seen earlier, the Defendant’s age, character and conduct, environment, and other various circumstances that form the conditions of sentencing as indicated in the instant pleadings, the lower court’s sentence imposed on the Defendant cannot be deemed as heavy or unreasonable as it is unreasonable. Therefore, the Defendant and the prosecutor’s allegation of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is all dismissed. It is so decided as per Disposition by the assent of all participating Justices.