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(영문) 수원지방법원 2015.11.27 2015노5097

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in four months of imprisonment, probation, and community service order of two hundred hours in two months of probation) of the lower court is too uneasy and unreasonable;

2. However, in full view of all the circumstances, including the fact that the Defendant, a sum of KRW 20,688,500, obtained by deception from eight victims and the nature of the crime is not less than that of the Defendant. However, considering the fact that the Defendant recognized the instant crime, there is no history of criminal punishment, that the Defendant has agreed with some victims, and that there is other conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is not deemed to be too unreasonable.

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

3. If so, the prosecutor's appeal 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.