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(영문) 인천지방법원 2015.11.27 2015노2902

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In light of the circumstances and contents of the crime of this case, the crime of this case is inferior, the damage caused by the crime of this case has not been recovered or agreed with the victim up to the trial of the court, the same criminal record has reached five times, and the defendant was sentenced to the suspension of execution of one year and six months on September 12, 2014 by the court on September 12, 2014, and committed the crime of this case during the suspension of execution of one year and six months, etc., disadvantageous circumstances, such as the crime of this case, the confession and rebuttal of the defendant, the crime of this case is not significant, the amount of fraud has no record of criminal punishment exceeding the fine of this case, the fact that there is no record of criminal punishment exceeding the same kind of crime, and other various sentencing conditions as shown in the records and arguments such as the age and behavior environment of the defendant, the defendant's age and the circumstances before and after the crime are too unjustifiable.

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