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(영문) 수원지방법원 2015.06.18 2015노844

사기

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below, which sentenced the defendant to imprisonment with prison labor for 5 months, 1 year of suspended sentence, 120 hours of probation and 120 hours of community service, is too unreasonable.

B. In light of the fact that the amount acquired by the Defendant by fraud by the prosecutor (unfair punishment) reaches KRW 10 million, and the victims have been strongly punished due to the failure to recover from damage, etc., the sentence imposed by the court below is too unfeasible and unfair.

2. The amount obtained by deceiving and deceiving the victims reaches KRW 10 million, and the nature of the crime is also not good.

On the other hand, the defendant reflects his mistake, paid 330,000 won to the victim C to recover part of the damage, and there is no record of criminal punishment for the same kind of crime.

In addition, taking into account the motive and background of the instant crime, the circumstances before and after the instant crime, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the character and conduct, and the environment of the Defendant, as shown in the records and arguments, the lower court’s sentence is deemed reasonable, and it is not determined that the sentence imposed by the Defendant is too heavy or too heavy and unfair.

Therefore, the above ground of appeal is without merit.

3. The appeal by the defendant and the prosecutor are 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.