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(영문) 전주지방법원 2016.08.26 2016노635

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one month of imprisonment with prison labor and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. The crime of this case is a situation unfavorable to the defendant, such as that the crime of this case was committed by deceiving the victim and deceiving 1,4250,000 won as a sum of the amounts borrowed, and the nature of the crime is not less and less than that of the crime, and most of the damage was not recovered to the trial, and it is difficult to expect the recovery of the damage in the future.

On the other hand, the fact that the defendant is aged 66, that the defendant recognized the crime of this case and reflects the mistake thereof in depth, that there was no record of criminal punishment for the same kind of crime before, that the victim paid KRW 80,000 to the victim as interest, and that the victim paid KRW 1.4 million to the court of first instance is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

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.