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(영문) 수원지방법원 2016.11.23 2016노5969

사기

Text

Defendant

All appeals by prosecutors 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. We also examine the Defendant and the Prosecutor’s assertion of unreasonable sentencing.

The defendant recognized the crime of this case and reflects it, and the above victim did not want the punishment against the defendant by mutual consent with the victim H in the trial.

On the other hand, the crime of this case is not a good quality because it deceivings a person to acquire money by deception.

The amount of fraud exceeds 690 million won in total, and substantial damage recovery has not been made.

In addition, taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions for sentencing as indicated in the instant records and pleadings, the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed that it is too heavy or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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