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(영문) 수원지방법원 2015.03.27 2015노581

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four years of imprisonment) is too unreasonable.

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

2. A favorable circumstance is recognized, such as the fact that the judgment defendant recognized the crime of this case and reflects the fact that the defendant did not have any record of punishment for the same kind of crime, there was no record of punishment exceeding the fine, and payment of some of the profits promised to some victims.

However, the crime of this case is deemed to have been committed repeatedly for a considerable period against a large number of victims, and the nature of the crime is inferior, and the damage has not been recovered at all even though the amount of damage caused by the crime of this case exceeds 80 million won, and in full view of the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and other various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the circumstances after the crime, etc., the sentence of the court below is appropriate, and it is deemed that it is too heavy or too unreasonable. Thus, each of the above arguments

3. In conclusion, since the appeal 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.