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(영문) 창원지방법원 2017.06.15 2017노910
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower judgment (one year of imprisonment) is too unreasonable.

B. Prosecutor: The sentence of the lower judgment is too uneasible and unreasonable.

2. The judgment is based on favorable sentencing grounds, such as the following: (a) the Defendant made a confession of a crime and the Defendant’s confession; (b) the Defendant appears to have used the previous borrowed money and the payment of its interest in the case of the Highest 2016 Highest 2439; (c) in the case of the Highest 2016 Highest 4521, the guidance appears to have been operated normally until the first half; (d) all of the victims except the victims C have reached an agreement with the lower court; (e) the payment of a part of the amount is deemed to have been made to the victims C; and (e) the fact that there is no criminal record except for the suspended sentence of imprisonment for a period of 15 years prior to the same crime, which is sentenced to a large number of victims and the amount of defraudation is large; and (e) the actual

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters regarding the sentencing as indicated in the records and arguments in this case, the judgment of the court below is judged to be appropriate, and there is no change of circumstances to be considered additionally in the trial, and thus the Defendant and the Prosecutor’s assertion

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

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