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(영문) 의정부지방법원 2014.02.19 2013노2478
사기
Text

Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s imprisonment with prison labor for one year and two months sentenced by the lower court is too unreasonable.

B. The suspended sentence of 2 years and the imprisonment of 1 year and 2 months sentenced to Defendant A by the lower court for 8 months and the imprisonment of Defendant B is too uneased and unreasonable.

2. Determination

A. In light of the method, means, and amount of damage (15 million won) committed independently or in collusion with A, etc., the crime of this case is more serious in nature in light of the circumstances favorable to Defendant B, as shown in the argument of this case on the assertion of unfair sentencing against the above Defendant B (the confession of the Defendant’s criminal act of purchasing real estate as stated in paragraph (1) of the criminal facts at the time of original adjudication, and the fact that there is no criminal punishment or criminal record of suspension of execution, etc.) and unfavorable circumstances (the method and means of the instant criminal act committed by the Defendant independently or in collusion with A, his mother, etc.). In addition to the payment of a little amount of money under interest, the victim appears to have failed to make efforts to recover from the victim’s agreement or full damage, and the victim appears to have suffered considerable mental and material pain, the victim’s previous conviction was sentenced to a fine on around 205, due to sufficient consideration of various circumstances in the lower court’s sentencing guidelines, and the circumstances, such as changes in circumstances and circumstances of the Defendant’s character and character.

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