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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2019.01.16 2018노7189
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant is too unreasonable because of the fact that the sentence of the court below (six months of imprisonment) is too unreasonable, and the prosecutor asserts that the sentence of the court below is too unhued and unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized his mistake and reflected in the judgment; (b) the fact that the defendant agreed with the victim; and (c) the defendant paid the victim KRW 30 million out of the amount of defraudation at the original trial; and (d) additional payment of KRW 5 million in the trial.

On the other hand, in light of the method of the crime of this case and the amount of damage, etc., the crime of this case is not easy, and the defendant has been punished several times, including three suspended execution due to the same crime, and the considerable part of the damage up to now seems not to have been recovered, etc. are the circumstances unfavorable to the defendant.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing an offense, and circumstances before and after committing an offense, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable beyond the reasonable scope of discretion, even in light of the circumstance that the Defendant additionally paid KRW 5 million to the victim in the trial.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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