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(영문) 전주지방법원 2020.02.12 2019노1677
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The reasoning for the appeal by the defendant is that the punishment of the court below (two years of imprisonment) is too unreasonable.

B. The lower court’s reasoning for the appeal by the prosecutor is too unhued and unreasonable.

2. The judgment is an unfavorable circumstance in sentencing such as the Defendant’s confession and reflect on the instant crime, the Defendant’s repayment of partial damage to the victims, and the Defendant’s first offender who has no record of criminal punishment. Meanwhile, the Defendant committed the instant crime against many victims for a long time, and the commission of fraud is extremely poor. The total amount of damage in this case exceeds KRW 370 million, and even if the Defendant’s repayment is assumed to be accepted as it is, the remaining amount is a large amount exceeding KRW 280 million, and even if it is assumed that the Defendant’s payment is in excess of KRW 370 million, the victim’s considerable economic and mental suffering is expected to suffer from considerable economic and mental suffering. In full view of the sentencing revealed in the oral proceedings of this case, the lower court’s sentencing is too heavy or excessive, and the Defendant and the prosecutor’s assertion that the amount of damage in this case exceeded the permissible scope of discretion is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Procedure Act and Article 347 (1) of the Criminal Procedure Act are clearly written errors in the application of the second sentence of the judgment below. Thus, the court below's ex officio correction is made pursuant to Article 25 (1) of the Rules on Criminal Procedure.]

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