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(영문) 서울남부지방법원 2020.09.17 2019노2425

사기

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court against the Defendants (e.g., two years of imprisonment, four years of suspended sentence, one year and six months of imprisonment, and three years of suspended sentence) is too unfasible and unfair.

2. In light of the social problems of the singishing crime, the role to be shared by the Defendants in relation to the above crime, and the number of damages therefrom, it is necessary to strictly punish the Defendants.

However, in light of the fact that the Defendants are generally recognized as a substitute for the crime, and the facts charged are one time remittance or collection, and all damages were recovered, the Defendants are both primary offenders, and the Defendants’ age, character and conduct, motive and background of the crime, means and consequence of the crime, etc., as well as all of the sentencing conditions indicated in the present arguments and records, such as the circumstances after the crime, cannot be deemed unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.