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(영문) 서울동부지방법원 2017.06.29 2017노72
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (five million won in penalty) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In the civil lawsuit case where the injured party claimed damages against the defendant for the fraud of this case, the conciliation was concluded with the content that the defendant pays 8.5 million won to the victim, and the defendant seems to have paid 5 million won to the defendant among them, the defendant has no record of the same kind of punishment, and the injured party wants to punish the defendant for the reason that he did not pay 3.5 million won among the above 8.5 million won, and the other defendant's age, sexual behavior, family environment, the circumstances and result of the crime of this case, and the following circumstances, etc., examining all the sentencing conditions specified in the argument of this case such as the court below's punishment is too heavy or unfair. Thus, the defendant and the prosecutor's above assertion are without merit.

3. Accordingly, 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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