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(영문) 수원지방법원 2015.12.17 2015노5569
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 (one year and four months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. We examine the defendant's and prosecutor's assertion of unfair sentencing together with the defendant's assertion of unfair sentencing, and this case is the case where the defendant acquired a sum of KRW 157 million from the victim E, which is a substantial amount, and the defendant seems to be useful for his own personal interest. Nevertheless, the defendant did not make any effort to recover the victim's damage until the trial is held, even though he had a history of criminal punishment for the same kind of crime, and again commits the crime of this case, there is an unfavorable circumstance such as the scope of sentencing according to the sentencing guidelines of the Supreme Court Sentencing Committee applicable to this case, the sentencing case and the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, etc., it is not recognized that the court below's punishment is too heavy or it is unfair since all the above arguments of the defendant and prosecutor are not reasonable.

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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