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(영문) 수원지방법원 2017.03.22 2016노9189

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The crime of this case is deemed to have been committed by the defendant by deceiving the victims of money exceeding KRW 500 million in light of the amount of the fraud, etc. The crime of this case is of significant nature in light of the crime of this case; the defendant escaped from the part of the crime of this case after the crime of this case and stayed in the Republic of Korea for more than 8 years, and committed the same kind of crime again while staying there again; disadvantageous circumstances such as the fact that the defendant returned to the Republic of Korea as a veterinarian, and did not agree with the victims; the defendant returned to the Republic of Korea; the defendant is divided into his mistake; the defendant appears to have paid a considerable amount of money to some victims under the pretext of interest, etc.; other favorable circumstances such as the crime of this case, circumstances after the crime of this case, the defendant's age, sexual behavior, environment, and all other sentencing conditions specified in the argument of this case are considered to be too heavy or unreasonable.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.