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(영문) 창원지방법원 2013.09.26 2013노1037
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal argues that the Defendant is deemed to be unfair because the punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment sentenced by the lower court is too uneasible and unfair.

2. On the argument of unfair sentencing by both parties to the judgment, each of the crimes of this case was committed by deceiving the victim C (hereinafter “victim”), and the case was not less than 691,160,000 won by deceiving the victim. The defendant, as her husband F, was in a relationship with the victim F as her husband F, with the victim’s husband for the five-year naval Academy of the H, the her husband, her husband, he/she he/she he/she he/she he/she he/she was in a relationship with the victim. The defendant committed each of the crimes of this case by using the personal trust relationship with the victim. The defendant committed each of the crimes of this case, each of the crimes of this case, which caused serious damage to the victim, and since the restoration of damage was not performed, the defendant’s s

On the other hand, the fact that the defendant has already paid money exceeding KRW 400 million to the victim under the pretext of principal and interest, and that the defendant is the first offender who has no criminal power at all is favorable to the defendant.

In full view of the above circumstances, Defendant’s character, conduct and environment, the circumstances and consequences of each of the instant crimes, and all the circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the circumstances after the crime, it is difficult to deem that the sentence imposed by the lower court is too minor or unreasonable. Therefore, each of the grounds for unfair sentencing by the Defendant and prosecutor are without merit

3. In conclusion, the appeal filed by the Defendant and the prosecutor is all dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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