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(영문) 청주지방법원 2019.07.17 2019노207
사기등
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 (four years of imprisonment) is too unreasonable.

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

2. A favorable circumstance is that the Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor shows the attitude of recognizing and reflecting all crimes in the past, the victim C does not want punishment against the Defendant, the victim’s return of some money to the victim X, and the Defendant’s mother’s health is not good for the aged.

On the other hand, multiple victims have repeatedly committed the crime of fraud, and the amount of fraud and embezzlement reaches approximately KRW 300 million in total. The majority of victims have not recovered from damage, including punishment for fraud and embezzlement, and the defendant has a number of criminal records including punishment for a crime of fraud and embezzlement, and in particular, repeats the crime during the period of repeated crime due to the same crime.

In full view of the above various conditions of sentencing, such as the Defendant’s age, character and conduct, environment, means, and consequence, etc., the lower court’s punishment is too heavy or unreasonable.

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