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(영문) 청주지방법원 2014.05.22 2014노182
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.

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

2. The fact that the sum of the instant fraud amount exceeds KRW 400 million, that the Defendant could easily seek the victim C’s seal impression and passbook in a de facto marital relationship, and that the said victim’s seal impression and passbook were stolen by using the fact that the password of the passbook is also known, and the said victim’s seal impression and passbook were forged in a written request for deposit and withdrawn the deposit, etc. are disadvantageous to the circumstances.

On the other hand, the defendant committed the crime of this case under the aggravation of the relationship between the victim C and the de facto marital couple for not less than two years, and the victim's citizen bank appears to have recovered all the four copies of the check giving rise to par value 100 million won and recovered most of the damage. In the relevant civil case during the process of the trial, mediation has been established that the defendant received 35 million won as consolation money from the victim C, and an agreement has been made with the victim C, and the defendant has no same criminal record.

In addition, considering the relationship between the defendant and the victim C, the age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions as shown in the records and arguments of this case, it cannot be deemed that the punishment imposed by the court below is too heavy or unreasonable.

3. In conclusion, 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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