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(영문) 수원지방법원 2014.10.16 2014노2456
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The defendant's imprisonment with labor for a prison labor for four months, and the prosecutor is unhued and unfair.

2. The judgment of the court below is against the defendant. Since the crime of fraud for which the judgment of the court below became final and the crime of fraud of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, equity with the case of concurrent crimes under Article 39 (1) of the Criminal Act shall be taken into consideration, the defendant's age, character, environment, motive, means and result of the crime, etc., which are committed against the victim E (damage amount to KRW 440,00,000), it is difficult to see that the judgment of the court below was an agreement with the victim E, but it is not possible to change the sentence of the court below in light of the damaged amount, and the defendant was not agreed with the victim C (victim damage amount to KRW 25,30,00,00). The defendant was sentenced to eight months of imprisonment with prison labor in Suwon District Court for the same criminal act on August 10, 207 and completed the execution of the sentence on April 15, 2008.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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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