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(영문) 창원지방법원 2020.03.27 2020노223
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

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

2. The circumstances favorable to the Defendant include the following: (a) the Defendant recognized the instant crime and reflects the fact that the Defendant paid a part of the amount to the victim under the pretext of interest or dividend; and (b) the Defendant has no record of punishment or fine exceeding the same type of crime.

On the other hand, the damage amount caused by the crime of this case exceeds 130 million won, most of the damage has not been recovered, and the victim is punished against the defendant, etc. are disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the pleadings, the scope of recommending sentencing guidelines, and the following facts: (a) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court; and (b) it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.

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