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(영문) 서울동부지방법원 2013.10.10 2013노857

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (one year and four months of imprisonment, additional collection of KRW 161,00,000) is excessively unreasonable.

B. The lower court’s punishment (one year and four months of imprisonment, additional collection of KRW 161,00,000) is deemed to be too unhued and unreasonable.

2. The Defendant’s assertion of the judgment together with the prosecutor’s assertion that the instant crime was committed by the Defendant and the public prosecutor, and the Defendant committed the instant crime against the victim by soliciting the public official in charge of the victim who wants to sugar the debt, and by deceiving the victim, and by deceiving the victim, it is extremely poor that the Defendant committed the instant crime. The Defendant transferred her responsibility to I who is unable to know the substance rather than her mistake, the Defendant did not recover the amount of damage, the Defendant had a variety of records of having been sentenced to punishment due to the fraud, and the Defendant did not comply with an investigation for more than two years until he was arrested by an arrest warrant after escaping from the investigative agency.

However, considering the overall sentencing conditions, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., it appears that the Defendant was found that he committed a crime against the Defendant in the course of the trial, that the Defendant’s wife ought to undergo continuous treatment of the Defendant’s disease, that the Defendant’s health is not good, and that the Defendant’s punishment imposed by the lower court is deemed appropriate, and that it is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion of unfair sentencing is without merit.

3. Accordingly, 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. It is so decided as per Disposition.