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(영문) 서울서부지방법원 2017.02.09 2016노1531
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The gist of the defendant's appeal is that the court below's punishment (ten months of imprisonment) is too unreasonable, and the prosecutor's appeal's reasoning is that the court below's punishment is too uneasible and unfair.

On the other hand, the number of the crime of this case is more than 40 times, the sum of the fraud amount is more than 46 million won, the property profit acquired by the defendant is more than 58 million won, the damage was not completely recovered, and the victim N is less than 40 million won, etc. The factors of sentencing unfavorable to the defendant, such as all the crime of this case, and the fact that the defendant confessions and reflects all the crime of this case, the defendant made efforts to recover damage, and the defendant agrees with the victim AV, Z, AU, V, T, T, BC, I, AZ, H, H, and H. In addition, in the trial, the defendant agreed with the victim AK additionally, and the defendant is the primary offender, etc., the sentencing factors favorable to the defendant, the age, sex, environment, the circumstances and result of the crime of this case, and the circumstances after the crime of this case, etc., are too heavy or unreasonable, and the prosecutor's argument of this case is too unfair or unreasonable.

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

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