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(영문) 의정부지방법원 2013.08.13 2013노934

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (7 million won of a fine) on the summary of the grounds of appeal is too unhued and unreasonable.

2. One of the defendants has many records of the same crime, and the crime of this case is also acknowledged as a situation where the nature of the crime is not good due to the crime during the period of repeated crime.

However, considering the fact that the amount of fraud in this case is not a major amount to be known, that the defendant returned the total amount of the acquired money to the victim, that the defendant repented his mistake in depth, and that it appears to be somewhat harsh if the defendant selects imprisonment, it would be impossible to escape from punishment. In addition, in light of the circumstances leading to the crime in this case and all the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, method of criminal act and circumstances after the crime, it is not deemed that the sentence of the court below's sentence against the defendant is unreasonable.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.