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(영문) 서울남부지방법원 2013.06.14 2013노599
사기방조등
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 (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. In light of the following circumstances: (a) 31 victims were damaged to approximately KRW 60 million due to the instant crime; and (b) the damage therefrom was not recovered; (c) the Defendant appears to have suffered profit from the instant crime; (d) the Defendant directly withdraws and delivers cash; and (e) the Defendant did not have any record of punishment exceeding a fine; and (e) the Defendant’s confession of all the instant crimes and reflects his mistake. In full view of the various sentencing conditions indicated in the instant records and arguments, including these circumstances, the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, and circumstances after the crime, etc., the lower court’s punishment against the Defendant is too heavy or unreasonable.

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

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