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(영문) 대전고등법원 (청주) 2018.01.25 2017노161

특정경제범죄가중처벌등에관한법률위반(사기)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

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

2. According to the circumstances where the crime of this case was committed by the defendant by deceiving the victim and deceiving the amount exceeding KRW 530 million, the punishment of this case is heavy, the amount of damage not yet repaid is reasonable, and the defendant does not receive a written statement from the victim, the fact that part of the defendant partially repaid the money to the victim, and the fact that the defendant does not have any previous criminal record is considered as favorable to the defendant. Considering the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, method and consequence of the crime, the sentencing of the court below which sentenced the punishment within the scope of the sentencing guidelines within the scope of the reasonable range of discretion, and there is no change in sentencing conditions that can be deemed unfair to maintain it as it is.

It is not recognized that the sentence imposed by the court below is too heavy or unreasonable because it is too heavy.

Therefore, this part of the argument by the defendant and the prosecutor cannot be accepted.

3. 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.