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(영문) 부산지방법원 2014.09.19 2014노2103
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of one-year imprisonment sentenced by the court below is too minor or unreasonable.

2. As to the assertion of unfair sentencing between the parties to the judgment, each of the crimes of this case is an unfavorable circumstance to the defendant, on the following grounds: (a) the defendant lent and acquired money in an amount equivalent to KRW 100 million in total from four victims on six occasions as the vehicle acquisition price; (b) the case is not less complicated in light of the number of victims and the total amount of damages; and (c) the victim did not agree with the victims so that most of the damages have not yet been repaid.

On the other hand, the following are circumstances that are favorable to the victim: (a) the Defendant recognized all of the crimes of this case; (b) paid approximately KRW 111.7 million to the victim D before the investigation is conducted; (c) the Defendant ought to support his/her mother and his/her married couple by divorced from his/her wife during the trial of the court; and (d) if the military court excludes the punishment sentenced by the military court, the Defendant has no record of criminal punishment except for those punished twice by a fine due to the violation of the Road Traffic Act by drinking driving.

Considering the aforementioned circumstances comprehensively taking into account the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the instant crimes, and circumstances leading to the sentencing indicated in the records, the sentence imposed by the lower court cannot be deemed to be excessively light or unreasonable.

Therefore, both prosecutor and defendant's assertion are without merit.

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

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