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(영문) 청주지방법원 2016.11.03 2016노802
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized and reflected the instant crime.

A defendant has no criminal records which exceed the same kind of criminal records or fines.

The accused shall support the poor wife and young children who are healthy.

The Defendant repaid to the victim KRW 2 million out of the amount of damage from the crime of paragraph (1) of the judgment below.

Circumstances unfavorable to the defendant are as follows:

The amount obtained by the defendant is 35 million won in total.

The Defendant, without any authority, forged the name of the management director of H, a company H, thereby deceiving the victim as if he had the right to sell the land.

The defendant did not reach an agreement with the victim.

In addition, considering the Defendant’s age, character, career, environment, circumstances, and result of the crime, all of the sentencing conditions specified in the instant records and pleadings, such as the records and the circumstances after the crime, the sentence of the lower court is too unreasonable.

It can not be said that it is improper because it is too unfeasible or too unfasible.

The defendant and 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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