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(영문) 의정부지방법원 2013.08.02 2013노756

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered (the first offense: 3 million won, and the second offense in its holding: 8 million won) is too unhued and unfair.

2. Although the defendant was under a criminal punishment several times with the previous charges, the defendant is in profoundly against each of the facts charged in this case. In the case of the crime No. 1 of the judgment, the defendant should consider the balance with the crime of fraud for which the judgment has become final and conclusive, and the defendant deposited KRW 17 million, which is the cause of the remaining damage after paying three million won to the victim E. In this case, the above victim's damage seems to be substantially recovered, and in the case of the crime No. 2 of the judgment of the judgment, the crime committed during the repeated crime period is committed, but the defendant does not want the above victim's punishment by mutual consent with the victim H, and the above victim's age, character and behavior, environment, motive and circumstance leading to the crime in this case, and circumstances after the crime, etc. are considered to be unfair since the court below's punishment is too unreasonable. Thus, the prosecutor's allegation above is without merit.

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