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(영문) 창원지방법원 2018.06.28 2018노159
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

The defendant shall take money of KRW 200,000,000.

Reasons

1. Summary of grounds for appeal;

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

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

2. As stated in its holding, the lower court’s sentence imposed on the Defendant by comprehensively taking into account various circumstances favorable or unfavorable to the Defendant is appropriate, and it does not seem that it is too heavy or too minor, as alleged by the Defendant, or as alleged by the prosecutor.

3. In conclusion, since each 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 an application for remedy order filed at the trial of the party is well-grounded, an order to compensate for 200,000 won by deceiving the defendant to the applicant for compensation pursuant to Articles 25(1), 31(1), and 31(2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings is issued, and a provisional execution is attached to the above order pursuant to Article 31(3) of the same Act. It is so decided as per Disposition.

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