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(영문) 의정부지방법원 2018.02.06 2017노2991
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor's decision is too unfased and unfair as the sentence imposed by the defendant (one year and six months) is too unfased.

B. The Defendant’s sentence imposed by the lower court is too unreasonable.

2. The judgment of the defendant made a false statement to the victim E that "to purchase four of the heavy press machines at a container," and the victim E obtained a total of KRW 300 million from the victim's purchase price of the above machine. It is inevitable to punish the crime corresponding to the above crime in that the victim E did not recover from damage and did not receive a letter from the victim, even though the defendant escaped to China immediately after receiving the complaint in this case, and stayed for 12 years since the defendant left the Republic of Korea after receiving the complaint in this case.

On the other hand, the defendant is old and healthy, and confession and reflects the crime of this case.

There is no record that the defendant has been punished for the same crime.

Defendant G appears to have been equivalent to KRW 300 or KRW 400,000,000 at the time when a relatively low price was made by Defendant G in terms of damage recovery. The victim purchased this amount in KRW 150,000 or KRW 200,000,000 as a broker of G.

There is room to evaluate that the damage of the victim was partially recovered.

In full view of the above circumstances and other factors of sentencing, such as the defendant's age, sexual conduct, environment, intelligence, and circumstances before and after the crime, etc., the sentence imposed by the court below cannot be deemed to be too weak or unreasonable.

The improper argument of sentencing of prosecutor and defendant is without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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