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(영문) 대전지방법원 2013.04.18 2013노310
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the court below (one year and two months of imprisonment) is too unreasonable.

The sentence (the same as the above) of the court below by the public prosecutor is too unhued and unreasonable.

2. The judgment of the court below is a favorable condition for the defendant, such as the confession and reflect of the crime of this case, the fact that the defendant paid more than KRW 20 million in total to the victim as interest for the investment deposit, the fact that the victim recovered the low-priced motor vehicle as stated in the crime of this case as stated in the judgment of the court below, etc. Meanwhile, the defendant was sentenced to a fine for the same kind of crime, and there are a number of criminal records, including the defendant, and there are multiple criminal records, on the other hand, the damage suffered by the victim to the trial is not recovered until the trial of this case except the above interest and the recovery of vehicles, and the victim strongly wishes to punish the defendant. In light of all such circumstances and all of the sentencing conditions specified in the argument of this case, the court below's punishment is deemed proper, and it is deemed unfair or unreasonable,

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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