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(영문) 창원지방법원 2016.05.19 2015노2746
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that the decision of the court below on the summary of the reasons for appeal (three years of imprisonment with prison labor) is too unfasible and that the prosecutor is too unfased and unfair.

2. We examine the judgment, and the fact that the total amount of defraudation by the crime of this case reaches approximately KRW 350 million, and that the defendant committed a crime against many victims, did not agree with the victims, and that the defendant did not recover from the damage. The fact that the defendant had been punished for the same crime is an unfavorable sentencing ground, and that the defendant led to the confession of the crime and is against the defendant, and that the defendant made efforts to promote the business is recognized as favorable sentencing grounds.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the offense, and all other matters pertaining to the sentencing indicated in the records and arguments of this case, the judgment of the court below is deemed reasonable, and the Defendant and the Prosecutor’s assertion 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 on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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