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(영문) 서울남부지방법원 2013.06.28 2013노674
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (7 million won of a fine) imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The fact that the judgment has not been recovered from damage, and that the defendant has the same criminal records is disadvantageous to the defendant.

However, in the crime of this case, the victim company seems to have been negligent in the expansion of damage by neglecting the credit assessment of the defendant, etc., and the defendant is against the defendant, etc. are favorable to the defendant.

In addition, comprehensively taking account of various circumstances, such as the background, means and methods of the instant crime, the circumstances after the instant crime, the Defendant’s age and happiness environment, etc., as indicated in the records and pleadings, the sentence imposed by the lower court is too unreasonable or too unreasonable, and thus, cannot be deemed unfair because the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the appeal of this case by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is

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