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(영문) 서울서부지방법원 2016.06.30 2016노498
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the court below's punishment (two years of imprisonment) is too unreasonable, and the prosecutor's appeal's reasoning is that the court below's punishment is too uneasible and unfair.

In contrast, the fact that the defendant committed each of the crimes of this case during the period of repeated crime, the defendant was sentenced three times to punishment due to habitual fraud or fraud, and the crime of this case is similar to the previous fraud crime of the defendant, and the defendant seems to have performed both the functions of raising passbooks and cash withdrawals for the fraudulent crime similar to Bosing.

On the other hand, the fact that the defendant led to the confession and reflects each of the crimes of this case, and the amount of damage caused by the crime of this case is relatively small, etc. are factors favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, and the circumstances and consequences of each of the instant crimes, as seen above, the lower court’s punishment against the Defendant is deemed appropriate, and thus, the Defendant and the Prosecutor’s assertion are without merit.

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

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