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(영문) 창원지방법원 2020.10.30 2020노655

사기

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for Defendant A, four months of imprisonment, two years of suspended execution, and one million won of fine) of the lower court is deemed to be too uneasible and unfair.

2. Determination

A. As to Defendant A, Defendant A deceiving Defendant A as if he/she sold used goods, and acquired 540,000 won in total from four victims.

Defendant

The damage caused by the A's crime was not fully recovered, and the defendant A was unable to receive a letter from the victims.

Defendant

A has a record of having received juvenile protective disposition several times due to the same crime.

However, the defendant A is against himself while committing a crime.

The number of victims who suffered damage due to the instant crime is not large, and the amount of damage is not relatively large.

In the court below, the damage suffered by the victim K was recovered, and the defendant A transferred 30,000 won to the victim D in the trial.

Defendant

A may expect the possibility of improvement and edification as a juvenile under the Juvenile Act.

In full view of the above circumstances and all of the sentencing conditions as shown in the pleadings, such as Defendant A’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court to Defendant A is too uneasible and unreasonable.

Therefore, prosecutor's argument about Defendant A is without merit.

B. Defendant B aided and abetted Defendant B to commit the crime of fraud, such as lending a plaque to Defendant A in order to receive the money that Defendant B lent.

Defendant

B was punished by the suspended sentence of imprisonment for the same crime before the crime of this case was committed.

Defendant

B was unable to be used by the victim D.

However, Defendant B is against himself while committing a crime.

The damage caused by the instant crime is not relatively significant.

At the trial of the party, Defendant A transferred the victim amount of KRW 300,000 to the victim D.

The instant crime has become final and conclusive.

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