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(영문) 서울남부지방법원 2017.08.10 2017노1168
사기
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 (six months of imprisonment) is too unreasonable.

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

2. The judgment defendant has no record of crime other than a fine imposed once by a fine.

The Defendant paid KRW 12 million, which he acquired through the instant crime, to the Bank of Korea for the recovery of damage.

However, the crime of this case is not likely to be committed by the defendant, taking part in the crime of fraud of lending money for lease of house which is organized by the defendant, and plays the role of a false lessee.

The judgment below

There is no change in circumstances that may be considered after the sentence is sentenced.

In addition, comprehensively taking account of the Defendant’s age, sex, career, family relation, environment, motive, means, and consequence of the crime, circumstances after the crime, and the criminal experience, the lower court’s punishment is too heavy or is deemed unreasonable as it is too low.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals filed by the defendant and the prosecutor are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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