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(영문) 의정부지방법원 2019.06.14 2019노928
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 (one year and six months of imprisonment) is too unreasonable.

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

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

Defendant is against each of the crimes of this case. Defendant appears to have repaid a total amount of KRW 1,015,880,50 for each of the crimes of this case (i.e., KRW 500,454,50 for the damage amount of KRW 307,717,50 for the damage amount of KRW 34,517,00 for the damage amount of KRW 307,717,50 for the damage amount of KRW 34,500 for the damage amount of KRW 307,717,50 for the damage amount of KRW 34,500 for the damage amount of KRW 115,445,00 for the damage amount of KRW 463,351,00 for the damage amount of KRW 351,00 for the damage amount of KRW 48,96,00 for the victim E for the damage amount of KRW 173,500 for each of the crimes of this case.

Meanwhile, the Defendant’s total amount of damage caused by each of the instant crimes exceeds one billion won, and the victims were unable to recover full damage, and the victims were expected to suffer considerable economic difficulties, etc. are disadvantageous to the Defendant.

In light of the above circumstances and the circumstances after the pronouncement of the lower judgment, there is no special change in circumstances to change the sentence of the lower court, and considering all the conditions of sentencing as shown in the records and arguments of the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.

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