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(영문) 청주지방법원 2019.05.17 2019노201
사기
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 (one year of imprisonment) is too unreasonable.

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

2. A favorable circumstance is that the defendant's judgment on the assertion of unfair sentencing by the defendant and the prosecutor recognizes the crime and repents the crime, only the fact that the defendant has been punished twice by a fine due to the previous conviction, and that the defendant's referral wants the defendant's wife.

On the other hand, the fact that the amount of fraud exceeds KRW 100 million and the crime of this case was committed by using the personal trust relationship with the victim is poor, the victim did not agree with the victim, and the fact that the victim wanted to be punished and did not recover from damage is disadvantageous.

In light of the aforementioned various circumstances, the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and all other circumstances constituting the conditions for sentencing as shown in the pleadings, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court 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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