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(영문) 수원지방법원 2013.03.28 2013노629
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (two years and six months of imprisonment) of the lower court is too unhued and unreasonable.

2. We examine the judgment. The crime of this case is a case where the defendant and his accomplice deceives money, vehicles, etc. in the name of vehicle prices by deceiving them as if they operate a logistics transportation company, and the crime of this case is very poor in light of the method of crime, etc., the victims' damage amount is very large, and the damage recovery is not properly performed. On the other hand, the defendant recognized the crime of this case and reflects his mistake in depth, there is no history of punishment heavier than the fine before the crime of this case, and there is no history of punishment heavier than the fine before the crime of this case. In full examination of all the circumstances, including the role and degree of participation of the defendant in the crime of this case, sentence of accomplices, etc., the punishment imposed by the court below is too heavy or unreasonable. Thus, the defendant and the prosecutor's assertion of this case are without merit.

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

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