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(영문) 대구지방법원 2017.11.24 2017노3871
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year of imprisonment) by the court below is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination of the instant crime is an unfavorable circumstance, such as: (a) the nature of the instant crime is not good in light of the relevant method and the form of the act; (b) the amount of damage caused by the instant crime reaches KRW 250 million; and (c) the fact that it was not agreed with the victim.

On the other hand, the fact that the defendant recognized the crime of this case and reflects it, the defendant paid 10 million won to the victim and deposited 30 million won to the victim, and the defendant did not have the same criminal record.

In full view of the aforementioned circumstances and other conditions of sentencing as seen in the instant records and arguments, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be too minor or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

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

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