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(영문) 수원지방법원 2016.07.22 2016노2607
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

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

2. The circumstances favorable to sentencing include: (a) the fact that the Defendant recognized all of the instant crimes; (b) the Defendant has no criminal history of the same kind of crime or of the suspended execution or higher; and (c) the victim does not want to punish the Defendant.

On the other hand, there are circumstances unfavorable to sentencing, such as the following: (a) the Defendant acquired money from the related party victims for at least six months, and committed all of the games; (b) the victim was liable for a large amount of loans; (c) the nature of the crime is bad; (d) the amount of damage is not a certain amount of KRW 87610,000; and (e) the amount repaid to the victim

Considering the Defendant’s age, sex, criminal records, motive and means of the crime, and circumstances before and after the crime, the lower court’s punishment is too heavy or unreasonable.

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

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