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(영문) 서울중앙지방법원 2019.05.30 2019노677
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the court below rejected the application for compensation filed against B by the applicant for compensation, and since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part which dismissed the above application for compensation among the judgment below is excluded from the scope

In full view of the circumstances favorable to the defendant, such as the fact that the amount acquired by deception from the victim is a maximum of KRW 148 million, the victim complained of mental and economic pain, and the fact that the victim plans to punish the defendant with severe punishment, etc., and the fact that the total amount paid to the victim under the name of principal and interest exceeds KRW 90 million, etc., the sentencing judgment of the court below is not deemed to have exceeded the reasonable limit of discretion, in light of the overall sentencing conditions indicated in the records and arguments of this case, including the circumstances favorable to the defendant, such as the defendant’s age, character and behavior, environment, motive, background and process of the crime, circumstances after the crime, etc.

Furthermore, the grounds for unfair sentencing asserted by the Defendant and the Prosecutor in this court are the circumstances that the lower court had already taken into account when determining the Defendant’s punishment, and it is difficult to view that there exists any change in circumstances to the extent that may be newly considered in

Thus, the court below's punishment is too heavy or unreasonable, and the defendant and the prosecutor's assertion are 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.

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