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(영문) 의정부지방법원 2020.02.06 2019노2987
사기
Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal [the defendant A and the public prosecutor (with respect to the defendant)];

A. The punishment sentenced by the court below to Defendant A (ten months of imprisonment) is too heavy or is deemed unreasonable.

B. The sentence sentenced by the court below to Defendant B (ten months of imprisonment, two years of suspended sentence) is too unfluent and unfair.

2. We also examine Defendant A and the Prosecutor’s arguments on the Defendants.

In full view of the following circumstances, the Defendants’ age, character and conduct, environment, circumstances leading up to the crime, and circumstances after the crime, etc., the lower court’s sentence against the Defendants is heavy or unhued so that they exceeded the reasonable scope of discretion.

The favorable circumstances and victims were notified of the transfer of the deposit to the Defendants, but the deposit was returned to the Defendants.

- The Defendants were led to confession during the trial while denying the crime in the court below.

- The Defendants were the first offender.

· is raising young children.

In light of the circumstances that the Defendants paid KRW 15 million to the Housing Guarantee until October 2017, the amount of this case’s fraud did not reach KRW 200 million, and the amount claimed by the Defendant by subrogation and the amount claimed by the victim exceeds KRW 120 million, the large amount of damage is not recovered even if the Defendants paid KRW 15 million to the Housing Guarantee until October 2017.

- The victim wanted to be punished for severe punishment.

3. As such, the appeal against the Defendants by Defendant A and the Prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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