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(영문) 서울남부지방법원 2015.07.24 2015노759

사기

Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the prosecutor is that the punishment of six months of imprisonment sentenced by the court below is too uneasible, in view of the following circumstances: (a) the crime of this case is committed in the form of systematic fraud, with heavy liability for such crime; and (b) the amount of fraud of this case reaches KRW 84,00,000,000.

In light of the circumstances alleged by the prosecutor, considering the fact that the defendant is against himself, and the gains acquired by the defendant does not reach the amount of fraud (the defendant recognizes that he acquired 20,00,000 won). In other light of various circumstances, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the punishment sentenced by the court below is appropriate, and it is not deemed unfair because it is too unreasonable.

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