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(영문) 수원지방법원 2016.12.23 2016노5468

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (7 million won of a fine) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. In light of the fact that the defendant committed the crime of this case during the period of repeated crime due to the same crime, by deceiving the victim to pay a reasonable monthly profit, and by deceiving the victim to provide a sum of 39.7 million won as an investment money, and the criminal method or the nature of the crime is not good, and the amount of defraudation is not much sufficient, the defendant should be punished strictly. However, the defendant has submitted a written withdrawal of complaint to the effect that the defendant led to the confession and mistake of the crime, the victim is not subject to punishment by fully paying the damaged amount to the victim at the court below, and there are no special circumstances to change the sentence of the court below when the sentencing of the court below is reasonable and it is unreasonable to deem that the punishment imposed by the court below is reasonable and too heavy or too excessive, in full view of all the various circumstances, such as the defendant's age, character and behavior, intelligence and environment, motive, means, method and consequence of the crime, criminal records, and the circumstances before and after the crime, etc.

Therefore, we do not accept all the above argument of unfair sentencing by the defendant and prosecutor.

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