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(영문) 서울서부지방법원 2013.10.31 2013노980
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The Prosecutor and the Defendant appealed the appeal on the ground that both of the lower judgment and the punishment (one year and six months of imprisonment) are unfair.

2. The grounds for appeal by the public prosecutor and the defendant are also examined;

Considering the fact that the defendant has been punished several times for the same type of crime, and that there was a repeated crime at the time of the crime of this case, he acquired money from many people under the pretext of transactions of valuable goods on the Internet, and that most of the victims have not recovered from damage, strict punishment against the defendant is necessary.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake and reflected, the total amount of damage caused by the crime of this case is equivalent to KRW 11.2 million, and the degree of damage is not heavy, and the fact that it appears to be a crime that occurred due to living conditions, etc.

In full view of the above circumstances and various circumstances that serve as the conditions for sentencing as shown in the records and arguments of this case, it cannot be deemed that the sentence of the court below exceeded the reasonable bounds in the decision of sentencing, or is too somewhat weak or heavy.

Therefore, both the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

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

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