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(영문) 부산지방법원 2017.10.20 2017노2921
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 (six months of imprisonment) is too unreasonable.

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

2. In light of the following: (a) the Defendant and the Prosecutor’s respective arguments on the sentencing of each of the instant offenses; and (b) the form, method, frequency, etc. of each of the instant offenses; (c) the criminal liability is heavy; (d) the amount obtained by deception exceeds 41 million won; (e) the damage recovery was not most performed; and (e) the fact that no agreement was reached with the victim.

However, considering all of the sentencing conditions and the scope of recommended sentencing guidelines set forth in the argument of this case, such as the confession of all the crimes, the Defendant’s mistake is divided, there is no record of punishment for the same kind of crime, the Defendant’s repayment of KRW 3 million to the victim, and the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, etc., and the motive, means and result of each of the crimes of this case, it does not seem that the sentence imposed by the lower court is deemed appropriate, too heavy, or too unreasonable because it is too unfeasible.

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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