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(영문) 전주지방법원 2015.10.30 2015노983
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment, three years of suspended execution, and 80 hours of community service order) is too unhued and unreasonable.

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

2. The instant crime of this case requires strict punishment for the Defendant, taking into account the following factors: (a) the Defendant deceivings the victims to pay the time limit money; (b) by deceiving the victims to pay the time limit money; and (c) the nature of the crime was bad; and (d) the Defendant has been sentenced to suspended sentence due to the commission of fraud; and (c) the Defendant has a record of being sentenced to suspended sentence due to the commission of fraud.

However, there are circumstances that can be considered favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake, that the defendant did not want the punishment of the defendant under the agreement with the victim F, that the defendant paid 20 million won to the victim C, that the defendant deposited 1.2 million won to the victim C, that the defendant did not have any record of criminal punishment other than the suspended sentence for the criminal acts committed in 1998, and that there was no record of criminal punishment other than the suspended sentence for the criminal acts committed by fraud. Considering all of the above circumstances and other sentencing conditions specified in the argument of this case, such as the defendant's age, character and conduct, family environment, the court below's punishment is too somewhat less light or unreasonable, and thus, the prosecutor

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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