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(영문) 서울중앙지방법원 2018.05.18 2018노169
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s sentence (one year of suspended sentence in two months of imprisonment) is too unreasonable.

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

2. The fact that the Defendant committed the instant crime again despite the fact that the Defendant had been already punished several times as a crime of fraud (six times a punishment penalty, six times a suspended sentence, one time a suspended sentence), is disadvantageous to the Defendant.

However, the amount of damage caused by the instant crime, such as fraud, is relatively small to KRW 5.2 million, and it appears that the actual amount of damage is not less than the amount of fraud by paying the victim the money equivalent to KRW 2.8 million under the pretext of paying the profit, and the equity with the case of receiving a judgment at the same time as the first head of the first crime as indicated in the judgment of the court below, etc.

In full view of the conditions of all the sentencing indicated in the records and arguments in this case where there is no change in circumstances that could change the punishment of the court below for the first time in the appellate trial, including these circumstances, the sentence imposed by the court below was too weak or unreasonable to the extent that the sentence imposed by the court below exceeded the reasonable discretion.

subsection (b) of this section.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In 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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