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(영문) 의정부지방법원 2014.03.21 2013노2675
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

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

2. We examine each of the grounds for unfair sentencing by the Defendant and the prosecutor.

Considering the following: (a) the number of victims due to the Defendant’s commission of the crime is a number of victims; (b) the amount of defraudation is a total of KRW 140 million; (c) the victim did not agree with the other victims except the victim J up to the trial; and (d) the victim did not have paid damages; and (c) the Defendant appears to have inflicted much pain on the victims by escaping abroad for more than four years after the crime of this case.

On the other hand, there is a favorable condition for the defendant, such as the fact that the defendant returned home too late to commit the crime, and the victim does not want the punishment against the defendant under an agreement with the victimJ which has the largest amount of fraud, and there is no record of criminal punishment prior to the instant case.

Ultimately, in full view of all the circumstances leading to the Defendant’s age, character and conduct, environment, occupation, circumstances leading to the instant crime, and details of the sentencing conditions indicated in the records, such as the circumstances after the crime, the sentence of the lower court is deemed to be appropriate. Therefore, the above assertion by the Defendant and the Prosecutor

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

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