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(영문) 서울중앙지방법원 2018.12.21 2018노2850
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the court below's punishment (the imprisonment of 10 months and fine of 2 million won) is too unreasonable.

The prosecutor's (unfair sentencing) sentence of the lower court is too uncomfortable and unfair.

Judgment

In full view of the following circumstances: (a) the Defendant, while making a confession of the entire crime, committed a crime; (b) there is no criminal conviction; (c) while the investigation of the instant case was conducted, the Defendant and the Prosecutor’s assertion that the Defendant escaped (182 pages of evidence); (d) the defrauded amount was either 60 million won or less (183 pages of evidence); (c) the Defendant’s punishment on fraud was within the scope of sentence recommended on the sentencing guidelines; and (d) other various circumstances that form the conditions of sentencing as indicated in the records and pleadings, the Defendant’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

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

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