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(영문) 의정부지방법원 2015.04.15 2015노238
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 (six months of imprisonment) is too unreasonable.

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

2. The judgment of the defendant reaches a total of KRW 200 million, and the substantial part of the above damage amount is disadvantageous to the defendant that has not been restored until now.

On the other hand, it is favorable to the defendant that the defendant, as a first offender, seriously reflects his criminal act, the defendant pays 1.8 million won per month after obtaining a decision to authorize the repayment plan for individual rehabilitation after the crime. The rehabilitation claim includes each of the damage amounts of this case, the health status of the defendant is not good, and the transfer of money acquired to the person who ordered the defendant to commit the crime without holding most of the money.

In full view of the above circumstances, including the criminal records of the defendant, the circumstances of the crime, the result of the crime, the circumstances after the crime, etc., and the sentencing guidelines of the Supreme Court, the scope of the recommended punishment [the punishment of the crime group, the general fraud, the second type (at least KRW 100 million, but less than KRW 500 million), the basic area, the basic area, and the method of dealing with the same concurrent crimes in August 1, 200, the scope of the sentencing range shall be reduced by 1/3 of the lowest sentence range. - 4 years] as a whole, the punishment determined by the court below is within the appropriate range, and it is difficult to deem that it is unfair because

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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