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(영문) 인천지방법원 2020.01.23 2019노3523
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (six months of imprisonment) is too unreasonable, and the reasons for appeal by the prosecutor are deemed to be too uneasible and unreasonable.

2. The fact that the sum of the judgment obtained by the Defendant is KRW 35 million and that considerable damage has not been recovered, etc., which is unfavorable to the Defendant, while the Defendant appears to have committed the instant crime, the fact that the Defendant both recognized and reflected it, and that the equity should be considered with the case of a judgment at the same time as the judgment became final and conclusive.

In full view of the circumstances above, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age, health condition, character and conduct, environment, and circumstances that constitute the conditions for sentencing as indicated in the instant case, the Defendant and the prosecutor’s above assertion are not acceptable on the grounds that the sentence imposed by the lower court is too heavy or unreasonable.

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

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