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(영문) 서울동부지방법원 2020.12.17 2020노1361
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the court below’s punishment (one year and six months of imprisonment, confiscation) is too unreasonable, and the prosecutor asserts that the sentence of the court below is too uneased and unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized the instant crime, the first offender, and the fact that the criminal proceeds acquired by the Defendant are not many.

On the other hand, the crime of this case is disadvantageous to the defendant, such as the fact that the criminal act of this case takes part in the Bosing crime and takes a role in the collection of cash, and the act of forging and using private documents is not good, and that the crime of this case is not good, and that the victim is about 10 persons and the amount of defraudation is about 18,8790,00 won, and the damage recovery to the victims is not done.

In addition, comprehensively taking account of the grounds for sentencing indicated in the arguments and records of the instant case, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various grounds for sentencing asserted by the Defendant and the Prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. As such, the appeal 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.

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