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(영문) 의정부지방법원 2014.07.24 2014노1026
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (six months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. In full view of the following: (a) there are many kinds of records that the Defendant was punished by the influence type similar to the instant case; (b) the Defendant was sentenced to one year of imprisonment for fraud on April 23, 2013; and (c) the Defendant committed the instant crime of the same kind during the repeated crime period after having completed the execution of the sentence on January 31, 2014; (c) the instant defrauded amount is a small amount of KRW 430,00,000; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, character, family environment, conditions before and after the commission of the crime, etc., the lower court’s sentencing against the Defendant is too heavy or unreasonable, and thus

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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