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(영문) 수원지방법원 2018.02.07 2017노8475
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 (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. The judgment of this case is that the defendant got married to unmarried women who became aware of in-house printing app, and the defendant acquired approximately KRW 150 million in total from five victims, in light of the content and result of the crime, the crime quality is not easy in light of the method of crime and the amount of fraud, and the defendant used most of the acquired money as gambling fund, etc., and has not yet been agreed with the victims.

On the other hand, however, the defendant shows the attitude of recognizing and opposing his mistake, and there is no criminal conviction in excess of the same criminal record or fine.

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.

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