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(영문) 춘천지방법원 강릉지원 2015.05.21 2015노31
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the court below is a favorable circumstance that the defendant led to the confession of each of the crimes of this case in the court below, and that there is no previous charge and no punishment exceeding the fine is imposed.

On the other hand, even if the total amount of damage exceeds 240 million, up to three years after the crime was committed, the damage recovery was not made at all and did not reach an agreement with the victim. It seems that no effort was made to recover the damage before the arrest of the victim, such as the escape to the United States without any explanation from the victim after the crime, and the failure to contact the victim even in the United States, etc., and the fact that the defendant was forced to leave the United States and arrested at the Incheon official port is unfavorable.

In full view of the following circumstances, the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and other factors of sentencing as indicated in the instant case, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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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