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(영문) 광주지방법원 2015.06.11 2014노2150 (1)
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The fact that the defendant recognized all of his mistake, most of the amount of damage was returned, and the defendant agreed with the victim is a favorable sentencing factor.

On the other hand, it is an unfavorable sentencing factor, such as the fact that the damage recovery from the crime of this case has not yet been fully achieved, that the criminal law of the defendant is planned and highly likely to be criticized, that the defendant has repeatedly obtained the money of the victim and obtained the money of the victim, and that the defendant has three identical criminal records, including the suspended sentence, and that there is three identical

In addition, considering the circumstances of the instant crime, circumstances after the instant crime was committed, the Defendant’s age, character and conduct, environment, etc. as well as the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (general fraud type 2 (at least KRW 100 million, but less than KRW 500 million): imprisonment with labor for a year to 4 years), etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

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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