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(영문) 수원지방법원 2017.08.24 2017노4062
사기
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant and his defense counsel recognize and reflects the mistake, and that there is no record of criminal punishment for the same crime, the sentence of the court below that sentenced one year of imprisonment is too unreasonable.

B. In light of the fact that the crime of this case by the prosecutor was obtained by deceiving KRW 100 million from the damaged person for the purpose of using it as gambling funds, and that the crime of this case is not good, and that the damage is not recovered, the sentence of the court below is too uneasible and unfair.

2. The judgment of the court below recognized the defendant's mistake and there is no record of criminal punishment for the same crime. Meanwhile, even if the defendant borrowed money from the victim, the defendant was planned to use it as gambling funds, the defendant's act of committing the crime of this case is considered to be appropriate, and it is not good that the crime was committed by fraud, such as "it would be 50% of the total operating profit of the casino by obtaining a casino business license from the marina authority and obtaining a business license from the victim of this case, because it would be 50% of the total operating profit." It is not proper that the defendant's age, sex, environment, degree of damage, motive and circumstance of the crime, circumstances after the crime, etc., and all of the sentencing records and arguments in this case, such as the defendant's age, sex, and environment, the degree of damage, the motive and circumstance of the crime, and the circumstances after the crime, etc., are considered to be excessive, too heavy, or unreasonable. Therefore, all of the above arguments are without merit.

3. Conclusion, the appeal by the defendant and the prosecutor are 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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