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(영문) 전주지방법원 2014.07.18 2014노447

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (two years of suspended sentence in October) against the Defendant against the gist of the grounds for appeal is deemed to be too unhued and unfair.

2. In light of the fact that the Defendant, by deceiving the victim to find employment, acquired a large amount of money by deceiving the victim to do so, and only repaid the 10 million won, but did not return the remaining amount of money acquired by deception for more than 5 years, and that the victim wanted to punish the Defendant, it is necessary to strictly punish the Defendant.

However, in full view of the following circumstances: (a) the fact that the defendant recognized the crime; (b) the defendant commits the crime; (c) the defendant is liable for a certain portion of money in return for illegal solicitation; (d) the defendant paid part of the amount by defraudation as above; (c) the husband of the defendant was unable to perform all the remaining money; (d) the defendant is paying the remaining money in the future due to the accident; (e) the defendant has no other penalty force other than a fine for the first offense; and (e) the defendant has no other penalty force other than a fine for the crime of this case; and (e) other circumstances on which the sentencing conditions specified in this case are attached, such as the defendant's age, character and behavior, environment, family relationship, etc.,

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