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(영문) 수원지방법원 2016.06.29 2016노2283
사기미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, three years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The Defendant, by abusing the system in relation to an industrial complex that seeks to sell the site of the factory to cost to support the industry, received the sale of the site by a method that satisfies the false priority requirement. Since the area of the site of the factory is large and the market price is high, punishment accordingly is required.

On the other hand, the defendant reflects on the crime, and committed the crime of fraud.

Since the defendant paid the sale price in full to the Korea Water Resources Corporation as the victim of the crime of attempted fraud, it seems that the above victim did not have any monetary damage related to the sale.

A defendant has no criminal record of the same kind and has no criminal record exceeding a fine.

In addition, comprehensively taking into account the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that constitute the conditions for sentencing, the sentence of the lower court is too heavy or unbrupt and is unreasonable.

Therefore, the defendant and the prosecutor's assertion are without merit.

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

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