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(영문) 의정부지방법원 2015.02.13 2014노3082
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (two months of imprisonment and five months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine each of the grounds for unfair sentencing by the Defendant and the prosecutor.

Considering that the Defendant committed a crime of fraud, embezzlement, etc. against many victims, and the total amount of damage therefrom exceeds KRW 200 million, and most of the crimes were committed during the period of repeated crime due to the same kind of crime, there is a need to strictly punish the Defendant.

On the other hand, there is also a favorable circumstance for the defendant, such as the fact that the defendant led to his confession in depth, that all victims have agreed smoothly in the original trial, and that in the case of fraud against the victim J, the balance with the case of fraud should be considered at the same time when the judgment has become final and conclusive.

Ultimately, in full view of all the circumstances that led to the Defendant’s age, character and conduct, environment, the circumstances leading to the instant crime, and the circumstances leading to the sentencing conditions indicated in the records, such as the circumstances after the crime, the sentence of the lower court is reasonable. Thus, the above arguments by the Defendant and the

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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