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(영문) 대구지방법원 2020.10.15 2020노1961
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of one year and four months sentenced by the court below is too unreasonable.

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

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of this case is not good, including the Defendant’s construction of solar-powered facilities and the Defendant’s acquisition of a total of KRW 250 million against the victim to sell them in lots, and the crime of this case is not sufficiently recovered; the Defendant’s damage caused by the crime of this case has not been recovered considerably; the Defendant paid KRW 86 million to the victim; the Defendant repaid the victim amounting to KRW 86 million; the Defendant made efforts to recover damage; the Defendant provided cooperation with the victim to receive KRW 50 million; the Defendant did not have any criminal record exceeding the fine; other favorable circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, etc.; and other favorable circumstances, such as the Defendant’s age, personality and conduct, circumstances after the crime, etc., are considered, and the Defendant and the prosecutor’s assertion are not deemed to be excessive or unreasonable. Therefore, all of the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, 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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