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(영문) 제주지방법원 2020.08.27 2020노440
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant is that the court below's punishment is too unreasonable (7 months of imprisonment). The gist of the prosecutor's appeal is that the prosecutor's appeal is improper because the above punishment of the court below is too uneasible.

2. The judgment of the defendant has committed repeatedly over a considerable period of time, and the amount of the fraud of this case is considerably large, the defendant failed to repay the money obtained through deception of the victim B, the victim B wanted to punish the defendant, and the fact that the defendant has the records of the same crime is disadvantageous to the defendant.

However, the fact that the defendant acknowledges his mistake, that the defendant does not want to be punished against the defendant under the agreement with the victim E and the victim K, and that the defendant does not have any record of punishment exceeding the fine, etc. are favorable to the defendant.

In addition, in light of all the sentencing conditions shown in the records and arguments of this case, it is not recognized that the sentence imposed by the court below is too heavy or unreasonable on the grounds stated in its reasoning.

Therefore, the defendant and the prosecutor's argument are not accepted.

3. The appeal filed by the defendant and the prosecutor in conclusion 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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