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(영문) 서울중앙지방법원 2020.01.10 2019노2673
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: imprisonment with prison labor and two years and six months) by the lower court, is deemed to be too uneasible and unfair by the prosecutor.

In particular, the defendant asserts that the collection of criminal proceeds in China should be ordered, and the defendant argues that the punishment is too unreasonable.

2. We examine both the judgment and the defendant's assertion of unreasonable sentencing.

Although it is recognized that the defendant agreed with the victim'sO at the court below, the defendant did not agree with the victim's T.

The defendant was arrested with the information of the accomplices, and the punishment of accomplices is related to the victims who are separate from the facts charged in this case, and thus, there is no reason to consider the determination of the defendant's punishment in this case.

In addition, considering all the circumstances revealed in the sentencing grounds and records as stated by the court below, the sentence of the court below cannot be deemed to be too heavy or less severe.

The defendant and prosecutor's assertion are without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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