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(영문) 서울북부지방법원 2017.09.15 2017노1364
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

After the judgment of the court below, the injured party does not want the punishment of the defendant by agreement with the injured party.

This is a change in circumstances favorable to the defendant.

However, as pointed out by the court below, it is not very good to commit a crime that a defendant acquires money by taking out employment.

The content of deception also makes illegal solicitation to labor union members.

The defendant excluded from the person to be postponed in advance to deceiving the victim, and had the defendant act as if he were a trade union in the Gangseoland.

The e-mail was also sent as prepared by the labor union of Gangwon Ireland to ensure the victim's awareness.

As such, the criminal law is also active.

Part of the fraud money seems to have been used as gambling money as it is.

In addition to the fraud, the damage suffered by the victim seems to be reasonable.

In addition, taking into account the circumstances leading up to the agreement with the victim in the appellate trial and the conditions of the sentencing as shown in the records and changes of the case, considering the changes in favorable to the defendant, the sentence of the court below cannot be deemed to be too heavy or unreasonable.

All the defendant and the prosecutor's improper arguments about sentencing are not accepted.

3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, all appeals filed by the defendant and the prosecutor are dismissed. It is so decided as per Disposition.

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