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(영문) 수원지방법원 2014.12.04 2013노3833

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. The crime of this case constitutes a ground for unfavorable sentencing, including the fact that the defendant acquired pecuniary benefits worth KRW 130 million in total due to the crime of this case. However, the prosecutor's assertion is rejected since the court below's punishment seems to be appropriate, in light of the following circumstances: (a) the defendant led to the crime of this case; (b) the defendant actually paid part of the material price; (c) the defendant agreed with the victims; (d) the defendant appears to have reached the crime of this case by operating the equipment; and (e) the defendant did not have any record of punishment or punishment exceeding the fine; and (e) the defendant was punished for the same crime of this case or has no record of punishment exceeding the fine.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.