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(영문) 수원지방법원 2017.11.30 2017노3723

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor's appeal grounds (unfair sentencing) of the crime of this case is unreasonable since the court below's punishment of ordering the community service order for 2 years of suspended execution and 120 hours of imprisonment is too unafford in August, in light of the following: (a) the defendant's act of this case refers to a false statement to the victims planned from the beginning and obtained a total of 56 million won from the victims and obtained a false statement from the victims; and (b) the defendant can have a record of criminal punishment due to the same kind of crime, etc.

2. The judgment of the court below that recognized the defendant's mistake and reflects the victim F, that the victim C paid all the amount of damage to the victim F, that the victim C expressed his/her intent not to be punished, that the defendant was sentenced to a suspended sentence of two years for fraud in the Sungnam branch of Suwon branch of Suwon branch of the Suwon branch of the Seoul branch of the Seoul branch of the court on April 27, 2016 and on November 25, 2016, the above judgment became final and conclusive on July 14, 2016, and the suspended sentence of one year for fraud was sentenced to two years for a suspended sentence of two years for a crime of fraud in the Sungnam branch of the Suwon branch of the Suwon branch of the court on July 22, 2016, and the above judgment became final and conclusive on July 22, 2016. The above crime of this case and the crime for which the judgment became final and conclusive should take into account equality with the case of concurrent crimes after Article 37 of the Criminal Act, and thus, the defendant's age, environment, environment, motive and circumstances presented in the appeal.

3. The appeal by the prosecutor of the 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.