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(영문) 부산지방법원 2015.12.03 2015노3259

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court is too unhued and unreasonable in light of the main sentencing conditions of the grounds for appeal.

2. As to the grounds of appeal, the fact that the sum of the acquired money in this case is not much than KRW 22,580,000, and that no agreement has been reached with the victim due to the failure to properly repay the damage, etc. are the grounds of sentencing unfavorable to the Defendant.

However, in full view of the following: (a) the Defendant recognized all of the instant offenses; (b) occupational embezzlement and fraud, which became final and conclusive upon the sentence of ten-month imprisonment with prison labor in the first head as indicated in the holding of the lower judgment; and (c) the equity between the cases where each of the instant offenses is adjudicated at the same time; and (d) other various circumstances, including the Defendant’s age, character and conduct, environment, motive and circumstance of the instant offense; and (e) the outcome of the application of the sentencing guidelines set by the Sentencing Commission, the sentence of the lower court cannot be deemed to be too

Therefore, prosecutor's assertion is without merit.

3. In conclusion, 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.