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(영문) 서울동부지방법원 2016.06.24 2016노227
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The gist of the Defendant’s appeal grounds is that the Defendant’s punishment (six months of imprisonment and two years of suspended execution) of the lower court, which was sentenced by the Defendant, was too unreasonable because it was too unreasonable, in light of the fact that the damage was recovered from the crime of fraud, and that the crime of forging the private document and using the above investigation document was aimed at repaying damage to the victim B and continuing trust relationship. On the other hand, the gist of the prosecutor’s appeal grounds is that the Defendant’s crime of this case was committed by forging a third party’s proxy and deposit application, etc. in the name of the third party to conceal the victim as if the third party loans money from the Defendant, and is unfair in light of the Act on the Punishment of Crimes and the history of the crime.

In full view of the above circumstances as asserted by the Defendant, the Defendant, and the Prosecutor, as well as the fact that the Defendant was in the first instance trial and agreed smoothly with the victim B, and other various circumstances that form the conditions for sentencing, including the Defendant’s age and environment, the lower court’s punishment cannot be deemed to be appropriate, too hot or hot and unfair.

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

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