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(영문) 서울동부지방법원 2015.05.01 2015노281
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below (the first to the third crime in the original judgment: imprisonment with prison labor for 2 years, and the fourth to the sixth crime in the original judgment: fine of 8 million won) is too unreasonable.

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

2. We examine all the claims of unfair sentencing by the Defendant and the prosecutor.

A. Considering the factors of sentencing unfavorable to the defendant, such as the following facts: (a) the judgment on the first or third crimes of this part of the judgment of the court below was examined; (b) the defendant paid a victim's loan interest and partial repayment; and (c) the defendant has no record of punishment except for those punished three times as a crime of this kind; and (d) the defendant defrauded money from several victims who are in an imminent situation with employment, and the method of deception is very badly and bad; and (c) the method of deception is very poor; (d) the amount of fraud falls short of KRW 260 million in total; (e) the victim reaches KRW 25 million; (e) the damage recovery was almost not possible; and (e) the defendant did not make efforts to repay the damage; and (e) the sentencing factors that are disadvantageous to the defendant are too heavy or unhued.

B. In light of the judgment on the fourth or sixth crimes as to the judgment of the court below, the amount of fraud by this part, the number of victims, the nature of the crime and the previous conviction, etc., the sentence of the court below on this part cannot be deemed to be too heavy or unreasonable.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since it is without merit.

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