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(영문) 광주지방법원 2015.09.23 2015노1891
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the amount of deceitation of this case exceeds the total of 200 million won and the damage amount of victims is very large; however, the defendant is not likely to cause damage recovery to the victims, and the defendant recognizes and reflects his mistake, the defendant does not have the same criminal record, and the defendant seems to have caused the case due to cumulative debts and economic depression, etc.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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