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(영문) 춘천지방법원 강릉지원 2016.09.29 2016노321
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

The defendant shall obtain money from the applicant J to KRW 20 million.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

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

2. The fact that the defendant recognized all of the crimes of this case by the defendant and the prosecutor's unfair judgment on the sentencing of the defendant and the prosecutor, the defendant agreed with the victimJ at the court below, and agreed additionally with the victim G at the time of the trial, and the victim C does not want to be punished against the defendant during

The fact that the defendant stated, there are no criminal records and no criminal records exceeding the fine, etc. are favorable circumstances.

On the other hand, the crime of this case was committed in a situation where the defendant created the first system in which he did not have the intent or ability to pay the fraternity to the fraternity members properly due to the excess of his obligation, and expanded damage by forming additional system even though his operational status has deteriorated, and the nature of the crime is inferior, and the defendant escaped for a considerable period after the crime of this case, the total sum of the money acquired through the crime of this case is large amount of KRW 100 million, and the court below and the party court agreed with some victims, but most of the damage has not yet been recovered even if it was not actually repaid.

Considering such circumstances as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, it cannot be said that the lower court’s punishment is too heavy or is unreasonable due to the absence of such circumstances.

All the arguments of the defendant and the prosecutor 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, and with respect to an application for compensation filed in the trial at the court, with respect to an application for compensation filed by the applicant J, Articles 25(1) and 31(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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