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(영문) 의정부지방법원 2016.08.09 2016노859
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) is too unreasonable as it is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. The Defendant, by forging and using relevant documents, by deceiving the victim, thereby deceiving him/her about 77 million won in total. The crime was bad, not agreed with the victim, and the damage was not recovered (the Defendant received 96 million won in the auction procedure to pay part of the damage amount and received 96 million won in dividends.

However, the victim lost the victim on the ground that "the defendant created a collateral security by forging the power of delegation in the name of E, a contract for the establishment of a collateral security, etc." in the lawsuit of demanding the cancellation of collateral security filed by E against the victim. It is recognized that the victim's dividends to E in the auction procedure for real estate owned by E also appears to have the nature that the above amount should be returned to E, so the above argument is without merit) and that the victim wanted to pay the defendant

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the Defendant has no record of the same crime; and (c) the Defendant’s age, background, and circumstances after the commission of the instant crime; and (b) the sentencing conditions specified in the pleadings of the instant case, the lower court’s punishment is not deemed too minor or unreasonable.

(c)

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

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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