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(영문) 부산지방법원 2015.07.07 2015노152
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal is that the court below sentenced the defendant to two years and six months of imprisonment, and the defendant asserts that the sentence of the court below is too unreasonable, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair.

2. We examine at the same time the defendant and the prosecutor's argument on the grounds of appeal on unreasonable sentencing.

While the amount of damage caused by the instant crime is equivalent to KRW 50 million and the amount of damage does not reach an agreement with the victim is a reason for sentencing unfavorable to the Defendant, on the other hand, the fact that the Defendant repaid to the victim the sum of KRW 250 million out of the above amount of damage and recognized all of the instant crimes in the first instance is a reason for sentencing favorable to the Defendant.

However, in light of the aforementioned circumstances, comprehensively taking account of the motive, circumstance, means, and consequence of the instant crime, various circumstances, including the circumstances after the instant crime, and the sentencing guidelines established by the Sentencing Committee, and the sentencing guidelines established by the Supreme Court, the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s aforementioned 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.

(However, according to Article 25(1) of the Rules on Criminal Procedure, the term “a summary of evidence” of the judgment of the court below is “1. H, I, witnesses J, K,K, and F’s respective legal statements”; 1. A witness H, I, J, K, and F’s each legal statements are corrected as “each legal statements of H, I, J, K, and F.”

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