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(영문) 광주지방법원 2014.06.05 2014노210

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 9 million (a fine of KRW 9 million) is too unhued and unreasonable.

2. The judgment of the court below is that the crime of this case was obtained by deceit by using a simple mind between the parents who want to be employed by the child, which is not good to the quality of the crime, the fraud amount reaches 52 million won, the defendant's occupation, environment, motive and background leading to the crime of this case, the motive and consequence leading to the crime of this case, and the circumstances before and after the crime of this case are considered to be unfair, considering the following circumstances: the victim actively asked the employment of his child through the defendant's wife; the defendant transferred the victim's apartment name he lives; the victim transferred it to the victim, and the victim paid the same amount of KRW 80,000 per month; the victim wanted to recover actual damage; the crime of this case during the period of suspension of execution or the crime for which suspension of execution has become final is not related to the crime of this case; the defendant's occupation, environment; the defendant's motive and consequence leading to the crime of this case; and the circumstances before and after the crime of this case are considered to be too unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.