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(영문) 제주지방법원 2014.05.15 2013노526

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (two years of suspended sentence in October) of the lower court is deemed to be too unhued and unfair.

2. The amount of deception obtained through the instant crime is the maximum amount of KRW 30 million and the damage recovery was almost not reached the trial. However, the Defendant’s suspension of the execution of imprisonment due to the violation of the Toxic Chemicals Control Act around May 193, 200, there is no record of criminal punishment other than each sentenced to a fine due to the violation of the Punishment of Violences, etc. Act on August 200, the Defendant deposited KRW 90,000 at the court below for the victim, deposited KRW 90,000 at the trial court for the victim, operated by the Defendant on board the victim of diving or horse after receiving advance payment from the victim, and other various circumstances that form the sentencing conditions specified in the instant argument, such as the Defendant’s age, character and conduct, environment, and circumstances before and after the instant crime, it cannot be deemed unfair to deem that the Defendant’s sentence against the Defendant is too unreasonable.

3. 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.