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(영문) 서울중앙지방법원 2014.06.12 2014노930

사기

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (fines 5,00,000) declared by the court below is too unhued and unreasonable.

Judgment

In light of the following circumstances: (a) the Defendant had several criminal records of fraud; (b) the instant crime was committed during the period of repeated crime due to the previous fraud; (c) there is a need to strictly punish the Defendant; (d) the Defendant paid the victim the total amount of money acquired by the Defendant, and the victim did not have any punishment; (c) the instant crime was committed on October 21, 2013, which was stated in the first head of the crime, and the latter part of Article 37 of the Criminal Act are concurrent crimes; and (d) other various circumstances, which form the conditions for sentencing as indicated in the records and arguments, such as the circumstances after the instant crime, the character and conduct of the Defendant, etc., are deemed unreasonable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.