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(영문) 수원지방법원 2016.12.09 2016노4726

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the fine of KRW 10 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is an initial criminal who had no record of criminal punishment prior to the instant crime, and the fact that the Defendant recognized the instant crime and reflects the fact that the Defendant was in the first instance, etc. are favorable to the Defendant.

Meanwhile, without intention or ability to develop the management system, such as airline tickets, etc. within a given period, the fact that the responsibility of the defendant is not less than the liability of the defendant by deceiving the victim as down payment, and there is no evidence to recognize that the defendant has made an agreement with the victim up to the trial or has made an effort to recover damage, etc. is an unfavorable sentencing condition against the defendant.

In full view of the above circumstances and other circumstances, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s allegation of unfair sentencing is not acceptable.

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