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(영문) 서울북부지방법원 2015.11.13 2015노819
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the arguments of the Defendant and the Prosecutor.

In light of the facts that the Defendant led to the confession of and reflect against the instant crime, and the fact that the court below led the victim to an agreement with the victim that the victim would not be punished against the Defendant, etc. on the other hand, it appears that the actual payment of damages was not made up to the trial even though the defrauded amount caused by the instant crime was large of KRW 100 million, and that the Defendant committed the instant crime without being aware of it during the repeated crime period due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Forgery of Currency), the Defendant’s age, character and behavior, environment, family relationship, the background and method of the instant crime, and the circumstances after the instant crime, etc., the sentence of the court below against the Defendant is deemed appropriate, and it is not determined that the sentence against the Defendant is too heavy or less severe.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor 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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