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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2020.09.24 2020노1496
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the gist of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court, the Defendant asserts that the punishment is too unafford, and that the prosecutor is too unafford and thus unfair.

2. The fact that the victim received money from the victim is used for a stock investment other than that notified of the money, that the defrauded is a large amount of KRW 150 million, that is, the criminal using personal trust relationship, that is, the victim did not receive money from the victim, and that the victim want to take the penalty against the defendant, which is disadvantageous to the defendant.

It is favorable to the defendant that the defendant has already committed a crime and has not committed a second offense. The fact that there is no same criminal record, and that the court below paid 50 million won to the victim.

In full view of the following circumstances: Defendant’s age, health status, family relation, character and conduct, environment, power, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the lower court’s sentencing is too heavy or it is difficult to have exceeded the reasonable scope of discretion as it is difficult to view that the lower court’s sentencing was too heavy or it exceeded the reasonable scope of discretion.

The defendant and prosecutor's assertion are without merit.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.

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