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(영문) 부산지방법원 2017.07.21 2017노1754
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unfair sentencing arguments by the Defendant and the Prosecutor, it is recognized that the amount of fraud and the amount of fraud up to a total of KRW 145 million is a large amount of money, notwithstanding the fact that considerable damage was not recovered, and that there was no agreement with the victims.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the confession of all the crimes, the defendant has a variety of errors, there is no history of punishment heavier than the fine, and there is no history of punishment for the same kind of crime, the victims have repaid each of 20 million won, and the defendant's age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, the motive, means and consequence of each of the crimes of this case, etc., the sentence imposed by the court below cannot be deemed to be appropriate, too heavy or too unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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