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(영문) 청주지방법원 2020.05.15 2019노1274

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, following an investigation into sentencing, determined a punishment for the instant case, and there is no new circumstance or special change of circumstances that could seriously reflect the sentencing following the sentence of the lower judgment.

On December 21, 2017, the defendant was sentenced to a suspended sentence of three years for fraud, etc. at the Cheongju District Court on December 21, 2017, and repeated the same type of crime without being aware of the fact that he/she had been punished several times for the same kind of crime.

However, the crime of this case is committed once, and the amount of damage of this case is not more than KRW 820,000,000, and the amount of damage of this case is less than KRW 820,000, the defendant paid damages to the victim and agreed that the defendant is against the defendant

In addition, comprehensively taking into account the following factors, such as the Defendant’s age, character and conduct, environment, and circumstances leading to the commission of the crime, the lower court’s punishment cannot be deemed unfair because it goes beyond the reasonable limit of discretion.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.