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(영문) 서울동부지방법원 2020.04.10 2020노119
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

B. The above sentence imposed by the court below is too unreasonable.

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

There are circumstances such as the fact that the crime of Bosing, like the instant case, is highly harmful to the society and requires strict punishment therefor, that there is a large amount of damage caused by the instant crime, and that the Defendant deceiving the victims while exercising forged official documents, and that the nature of the crime is not good.

However, there are also circumstances such as the fact that the Defendant recognized the instant crime for the first time in the trial and agreed with the victims by providing the victims a total of KRW 50 million at the lower court, and that the Defendant would have additionally repaid KRW 35 million to the victims for the first time in the trial, that the gains acquired by the instant crime are relatively small amount of money, and that the Defendant has no criminal record of the same kind of criminal record or suspension of execution.

Ultimately, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, occupation, details and contents leading to the instant crime, and circumstances after the commission of the crime, the sentence of the lower court cannot be deemed to be too minor or unreasonable.

Therefore, both prosecutor and defendant's assertion are without merit.

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

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