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(영문) 청주지방법원 2014.07.04 2014노388
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The abstract of the grounds for appeal is unreasonable because the sentence of the court below is too unfied so as to be too unfied, or is too unreasonable;

(2) Defendant 2. The crime of this case was committed by deceiving a large number of victims as if the Defendant had paid high interest rates or received high profits through an auction and an investment in stocks, and thus, the nature of the crime is not good. Although the amount of damage caused by the crime of this case is not a large amount, the victim P did not reach an agreement with the victims up to the trial, and thereby wanting punishment against the Defendant in the case of the victim P, which is disadvantageous to the Defendant.

However, it appears that the Defendant is against the fact that all of the instant crimes are recognized, that the primary offender is the victims, that the victims are also responsible for the occurrence of the instant crimes or the expansion of damage, and that the Defendant again pays the amount received from the victims as interest, and the actual damage of the victims that the Defendant acquired through the instant crimes appears to be much less than the total amount of the amount of the acquired money as stated in the facts constituting the instant crime in the judgment below, is more favorable for the Defendant.

Considering the above circumstances and the Defendant’s age, character and conduct, career, environment, the background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, the lower court’s imprisonment (two years and six months) is deemed to be too uneasible and unfair.

It cannot be deemed that it is improper or too unreasonable.

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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