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(영문) 광주지방법원 2020.09.24 2020노1716
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. In light of the fact that the amount of deception obtained is not less than KRW 70 million, and it seems that the degree of damage would have considerably increased in light of the price level at the time when considering the fact that the crime was committed for a long time. The defendant, after committing the crime in this case, runs away overseas and lives for escape for not less than 20 years, delaying the punishment, and the victim K's damage was recovered or did not agree with the above victim is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes and reflects the crime of this case, there is no criminal record against the defendant, and that the above victim is not punished by the defendant under an agreement with the victim B.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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