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(영문) 서울남부지방법원 2013.07.05 2013노757
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 (six months of imprisonment) is too unhued and unfair.

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

2. The fact that the judgment was obtained by deception is larger, and that the defendant has the same criminal records is disadvantageous to him.

On the other hand, however, a significant portion of the amount of damage has already been paid, the remaining amount of damage has been settled at KRW 70 million, and the victim has agreed to pay it at KRW 70,000,000, and the victim

In addition, comprehensively taking account of various circumstances, such as the background, means and methods of the instant crime, the circumstances after the instant crime, the Defendant’s age and happiness environment, etc., as indicated in the records and pleadings, the sentence imposed by the lower court is too uneasible and unreasonable, and thus, cannot be deemed unfair or unreasonable.

3. Wherefore, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the prosecutor and the defendant are without merit. It is so decided

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