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(영문) 수원지방법원 2020.09.10 2020노3323
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

An application for compensation by an applicant for compensation in the trial of the party shall be dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant had sold game money, etc. in the Internet market and acquired approximately KRW 9.78 million in total from 57 victims for the purchase price. In light of the motive, method, content, frequency of the crime, etc., the crime is considerably poor in light of the motive, method, and contents of the crime, the defendant repeatedly committed the same crime even after he was investigated by the police as a suspect, and the fact that the defendant did not recover from the victims to the trial.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects the mistake thereof in depth, and that the defendant is the first offender who has no record of criminal punishment, etc. are favorable to the defendant.

In full view of the aforementioned factors and the Defendant’s age, character and conduct, environment, motive and background leading to the commission of the crime, the means and consequence of the crime, various conditions of sentencing as shown in the records and arguments in this case, and the equity in sentencing with the same and similar cases, it is not recognized that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, since the appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and since the application for remedy order filed by the applicant for compensation by the defendant is illegal after the closing of argument at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court, it is so decided as per Disposition by the assent

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