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(영문) 광주지방법원 2016.06.15 2015노2939

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for five months of imprisonment) is unreasonable because it is too unfasible.

2. The crime of this case is an unfavorable circumstance where the Defendant, as a so-called so-called “highest country” fraud method, acquired a total of KRW 10,965,00 from 41 victims, thereby making it difficult to commit such a crime.

On the other hand, it is more favorable that the defendant committed the crime of this case in the investigative agency in a timely manner and committed the crime of this case in depth. The defendant was the first offender without any previous conviction, and the defendant deposited considerable amount of damages to the victims who did not agree with a considerable number of victims.

In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s aforementioned assertion is without merit.

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