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(영문) 수원지방법원 2016.11.25 2016노6298
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. The fact that the amount of deception exceeds 220 million won, that most of the money obtained by deception is not returned, and that victims are punished by the defendant is disadvantageous.

However, there are favorable circumstances such as the fact that part of the defrauded money has been returned to the victim M, the fact that the crime is reflected, and the fact that there is no criminal record in the same kind.

In addition, considering the motive and background of the crime, the circumstances after the crime, the defendant's age, character and behavior, environment, etc., the scope of recommendations (one to four years) [the scope of recommendations] under the sentencing guidelines (one-year and four years] under the general fraud type 2 (one hundred million won or more, and less than five hundred million won), there are no basic areas (one to four years), and (one to four years), and considering all the sentencing conditions in the records and arguments, it cannot be deemed that the sentence of the court below is too heavy or too unreasonable.

Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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