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(영문) 수원지방법원 2015.07.08 2015노2714

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (the assertion of unreasonable sentencing by both parties) is too heavy or unreasonable as the imprisonment of the court below is too heavy.

2. The crime of this case constitutes a disadvantageous sentencing factor such as: (a) the Defendant acquired money from a large number of victims; (b) the Defendant committed a crime of this case without being aware of the fact that he was subject to suspended sentence due to the same kind of crime; and (c) the Defendant committed each fraud of this case immediately without being aware of it.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the Defendant agreed with the victim I to pay part of the amount of damage to the victimO or L; and (c) the Defendant’s age, character and conduct, environment, family relationship, etc.; and (d) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, family relationship, etc., the sentence imposed by the lower court is deemed appropriate, too heavy

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