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(영문) 청주지방법원 2019.09.20 2019노1016
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment with labor (one year of imprisonment) of the lower court is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

The defendants recognize all crimes, and are against themselves.

The victims of fraud C and J do not want to punish the defendant by paying some amount of damage to C and J.

On the other hand, the defendant has been punished for the same crime, including imprisonment with prison labor, and in particular, the crime of fraud against the victim C and J is very heavy as the crime was committed again during the suspension of execution due to the same crime.

The sum of the fraud amount reaches KRW 158 million.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and various conditions of sentencing indicated in the pleadings and records, it cannot be deemed that the lower court’s punishment is too heavy or light beyond the reasonable limit of discretion.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, 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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