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(영문) 서울고등법원 2015.06.12 2015노604
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment is too unreasonable, and thus the prosecutor appealeds from each of the grounds that the lower court’s punishment is too uneasible and unreasonable.

2. The judgment of the defendant is an unfavorable circumstance to the defendant for the following reasons: (a) by deceiving the victim by deceiving the interest of the interest of the interest; (b) by deceiving the victim; and (c) by defrauding the money, the nature and circumstances of the crime and the amount of damage are not good;

In the past, the fact that the defendant recognized his mistake and reflects his depth when he was in the trial, that the victim agreed with the victim, that the defendant does not want the punishment of the defendant, that the defendant has made efforts to recover the damage of the victim in the future, and that he must support the old parents and the aged children.

In light of the above, comprehensively taking into account the Defendant’s age, character and conduct, family environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s above assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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