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(영문) 의정부지방법원 2015.05.15 2015노227

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) imposed by the court below on the defendant is unreasonable.

2. In light of the background and content of the crime of fraud of this case committed by the Defendant, the circumstances unfavorable to the Defendant are recognized, such as the fact that the nature of the crime is not weak in light of the content and degree of damage, the victim agreement or complete recovery of damage has not been made up until now, and the fact that there was a record of punishment several times as a crime of fraud.

However, it seems that the defendant made a confession of the crime of this case and made a statement that he will not repeat again while putting his mistake in depth, it seems that he participated in the crime of this case according to the instructions of the accomplice while living for the elderly. There are some circumstances considering the motive and circumstances of the crime. The defendant deposited 200,000 won in cash for the victim during the trial, the criminal proceeds actually acquired by the defendant seems to be relatively much more than the amount acquired, and it seems that the defendant has made efforts to lead a normal life without any punishment power after 2010. The court below seems to have set a punishment within the scope of the recommended sentence set by the sentencing guidelines, considering the various circumstances of the defendant, there are no other circumstances to view that the judgment of the court below is remarkably unfair, and the defendant's age, character and behavior, intelligence and environment, motive and background of the crime of this case, the motive and consequence of the crime of this case, the motive and degree of sharing, the relation of the crime of this case, the circumstances and circumstances of the defendant after the completion of the punishment of this case, various circumstances.

3. Conclusion, prosecutor.