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(영문) 서울남부지방법원 2013.09.27 2013노1006
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. In light of the following circumstances: (a) the Defendant misrepresented a senior public official to commit the instant crime by misrepresenting himself; (b) the defraudation amount reaches KRW 200 million; (c) there is no change of circumstances after the sentence of the lower judgment; and (d) the Defendant has not recovered from damage to the trial; and (c) the Defendant has a history of criminal punishment for the same kind of crime; (b) the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the judgment of the lower court, which became final and conclusive, is in a concurrent crime under the latter part of Article 37 of the Criminal Act; and (c) the Defendant reflects his mistake. In full view of the various sentencing conditions indicated in the records and arguments of the instant case including these circumstances, it does not seem that the lower court’s punishment against the Defendant is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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