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(영문) 광주지방법원 2018.11.08 2018노418
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unfair.

B. The lower court’s punishment is too unreasonable.

2. Determination is an unfavorable circumstance to the defendant that the defendant acquired money exceeding KRW 200 million with a very large amount of money, and that the damage has not been fully repaid until now.

On the other hand, the fact that the defendant reflects the crime, and that some parts of the defendant make efforts to pay damages are favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor and the Defendant’s assertion are without merit, on the grounds that the lower court’s punishment is too weak or unreasonable.

3. The final prosecutor and the defendant’s appeal are all groundless, and they are all dismissed under Article 364(4) of the Criminal Procedure Act.

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