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(영문) 수원지방법원 2019.02.12 2018노8023
사기
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 of the lower court is too unhued and unreasonable.

2. The judgment of the court below paid KRW 62 million to the victim and additionally paid KRW 47 million to the victim after the agreement with the victim was reached.

However, the defendant has the same criminal records, and the defendant repeated the same repeated crime during the same period, and currently used the defraudation money of this case as the agreed amount of the case in the judgment of fraud, etc. in the Daejeon District Court Wolsan Branch.

In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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