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(영문) 수원지방법원 2013.09.26 2013노2545
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the reasons for appeal (one year and two months of imprisonment), the defendant asserts that the prosecutor is too unfasible and unfair.

2. In full view of all the circumstances, including the following: (a) the amount of damage caused by deception and embezzlement in this case exceeds KRW 100 million in total; (b) the Defendant did not recover from damage up to the core trial; and (c) the Defendant committed the crime in this case even though there were several records of punishment for the same kind of crime; and (d) some of the crimes in this case are under trial by the Incheon District Court; (b) there are unfavorable factors for sentencing; (c) on the other hand, the Defendant’s mistake is against himself; (d) the Defendant partially discharged the amount of damage; and (e) each of the crimes in this case could have been simultaneously sentenced in the concurrent relationship between the original judgment and the latter part of Article 37 of the Criminal Act at the time of the final judgment; and (e) the Defendant’s age and behavior environment at the time of the final judgment and other various conditions, which are the conditions for sentencing, such as the Defendant’s age and behavior environment. Therefore, the allegation of the Defendant

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

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