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(영문) 창원지방법원 2014.02.06 2013노1748

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant has been punished several times due to frauds, etc. (three times of fine, one time of suspended sentence of imprisonment, one time of suspended sentence of imprisonment, and four times of imprisonment); the defendant is deemed to have committed a crime by deceiving 16,30,000 won from the victim by deceiving 16,30,000 won as the executor of the smuggling-type industrial complex development project in which the victim F (hereinafter referred to as the "victim") who has no business performance from the victim E, a stock company with no business performance from the victim E, and it is not good that the defendant has committed a crime; and in light of the fact that the defendant denies the crime at an investigation agency and made a vindication consistent statement, the punishment (one year of suspended sentence for four months) imposed by the court

2. Even when considering the above circumstances alleged by the prosecutor in the judgment, considering all the circumstances, such as the defendant's confessions from the court below to the trial court, the fact that the defendant has agreed with the victim, the balance of punishment expected when he has received the judgment at the same time as the first head's crime in the judgment of the court below, the character, conduct and environment of the defendant, the background and result of the crime in this case, and the circumstances after the crime, etc., the prosecutor's above assertion is unjustifiable and unreasonable. Thus, the prosecutor's aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.