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(영문) 수원지방법원 2014.04.17 2013노6090
사기
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. The main prosecutor of the grounds for appeal and the defendant asserts that the sentencing of the court below (4 million won of a fine) is too minor or unreasonable.

2. The sentencing of the court below is reasonable in full view of all the circumstances favorable to the defendant, including the fact that the amount acquired by the defendant through the crime of this case has not been specified as KRW 10 million, the fact that there has not been any specific measure to recover damage, such as agreement or repayment, etc. up to now, and the fact that the defendant recognized his mistake and reflects the fact that the money acquired is used as operating expenses of an incorporated association, not for the personal purpose of the defendant, and the fact that the amount acquired by the defendant was used as operating expenses of the "D" of the incorporated association, not for the personal purpose of the defendant, as the crime of violation of the Road Traffic Act on November 8, 1980, and the fact that the defendant was sentenced to a suspended sentence of 17 years or more due to the crime of fraud on July 2, 196, and other circumstances such as the defendant's occupation, age, character and behavior, family environment

3. In conclusion, 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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