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(영문) 서울남부지방법원 2016.08.18 2016노271

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, who received a installment loan as if he purchased a vehicle, immediately sold and commercialized the vehicle to a third party. This is an offense planned from the beginning, and is in itself a bad nature.

The defendant did not reach an agreement without paying damages to the victim.

In full view of these circumstances, the sentence imposed by the court below on the defendant is too unfortunate and unfair.

2. Examining the Defendant’s age, sex, career, family relation, environment, motive, means and consequence, circumstances after committing the instant crime, criminal experience, and the reasons for sentencing of the lower judgment in light of the circumstances asserted by the Prosecutor on the grounds of appeal, the lower court’s punishment is too unreasonable, even in light of the circumstances asserted by the Prosecutor on the grounds of appeal.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.