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(영문) 전주지방법원 2015.09.11 2015노648
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (six months of imprisonment) by the court below is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case is deemed to have committed the crime of this case by deceiving the victim to find a child and a scar, or by deceiving the victim to run a proxy driving business with the victim and then infusing the proceeds of taking over the business body, by arbitrarily using the proceeds equivalent to KRW 15 million, and by using the proceeds in the same business with the victim and using the proceeds equivalent to KRW 31 million, and by forging the sales contract three times in order to conceal the crime of taking over the proceeds of the substitute driving business, the crime of this case is deemed to have been committed by forging the sales contract over three times. In light of the criminal law, the nature of the crime is inferior and serious, the victim's damage is not recovered properly, and the defendant has been punished twice due to the fraud.

However, it is also recognized that the circumstances are favorable to the defendant, such as the confession of the crime of this case and the fact that the defendant is against the defendant, the fact that the defendant agreed with T and H of the above investigation document, the defendant deposited 30 million won for the victim, etc. Thus, considering all of the sentencing conditions in the argument of this case, such as the above circumstances and the defendant's age, character and behavior, and family environment, it is not deemed that the sentence of the court below is too weak or unreasonable. Thus, the prosecutor and the defendant's assertion are without merit.

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

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