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(영문) 광주지방법원 2020.11.11 2019노2631

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the court below's punishment (two years of suspended execution in six months of imprisonment, community service) is too uneased and unreasonable;

2. The Defendant arbitrarily uses KRW 500,000,000 out of the amount transferred to his/her own account, 11 times through private Internet gambling. The so-called so-called so-called so-called so-called so-called so-called so-called so-called used fraud, and obtained by fraud of KRW 135,00 in light of the method and content of the crime, etc., is not good.

The Defendant was unable to recover damage, and the Defendant was punished by committing the crime of fraud under the same method.

However, the defendant shows the form of recognizing and reflecting the crime.

The amount of damage caused by the defendant's crime is not very high.

No defendant shall have been punished in excess of a fine.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the court below's punishment is too uneasy and it is difficult to deem it illegal.

Therefore, prosecutor's assertion is not accepted.

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