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(영문) 수원지방법원 2017.10.23 2017노5462

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 (ten months of imprisonment) is too unreasonable.

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

2. The judgment of this case is that the defendant actively deceivings the victim who is a space between the defendant's friendly ones and defrauds the total of KRW 135 million, not the criminal liability in light of the method of crime and the amount of defraudation.

In addition, it has not yet been agreed with the victim, and the victim has tried to punish the defendant.

On the other hand, however, the defendant appeared to have an attitude to see and reflect his mistake as a first offender, and he paid approximately KRW 26 million out of the amount of damage.

Considering the above conditions unfavorable or favorable to the defendant, and other conditions of sentencing as shown in the argument of this case such as age, sex, environment, etc., the sentence of the court below does not seem to be too heavy or unreasonable because it is within the proper scope of sentencing discretion. Thus, the above assertion by the defendant and the prosecutor is without merit.

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