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(영문) 서울중앙지방법원 2020.08.21 2019노4238
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The penalty (7 million won of a fine) imposed by the court below in the summary of the grounds for appeal by the prosecutor is too uneasible.

The amount of the judgment obtained by fraud of the prosecutor's assertion is KRW 25 million.

Defendant committed the crime of this case during the period of repeated crime.

There is no proper recognition of the instant crime.

However, in the original trial, the defendant does not want the punishment of the defendant by agreement with the victim.

In addition, considering all of the sentencing conditions, such as the Defendant’s age, character and conduct, the environment, the background of the instant crime, and the degree of deception, it cannot be deemed that the sentence imposed by the lower court is too unjustifiable.

The prosecutor's assertion is without merit.

Even if the defendant received the notification of the receipt of the trial record on January 18, 2020, he did not submit the grounds for appeal within the deadline for submitting the grounds for appeal, the petition of appeal does not state the grounds for appeal, and there is no reason for ex officio investigation.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is groundless.

The appeal by the defendant shall be dismissed by decision in accordance with Article 361-4 (1) of the Criminal Procedure Act, but the appeal by the defendant shall be dismissed by decision.

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