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(영문) 대구지방법원 2018.07.19 2018노1343
사기등
Text

All appeals by the defendant and the 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) is too unreasonable.

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

2. The lower court rendered the said sentence in consideration of the following favorable circumstances: (a) the injury of each fraud case was not recovered (the amount of KRW 50 million, out of KRW 200,000,000, which was recovered by the victim I); (b) the Defendant was aware of the crime; and (c) the Defendant was able to recover the embezzlement damage; and (d) the agreement with the victim of the embezzlement was reached.

In full view of the fact that there is no change of circumstances in the lower court’s sentencing in addition to the unfavorable circumstances considering the lower court’s consideration, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, background leading to the commission of the crime, means and consequence, circumstances after the commission of the crime, etc., it cannot be deemed that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion or maintaining them as it is is unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, each of the grounds for unfair sentencing by the Defendant and the prosecutor are without merit.

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

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