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(영문) 창원지방법원 2014.04.03 2013노2202

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing (two years and six months of imprisonment and three years of suspended execution) of the judgment of the court below on the gist of the grounds of appeal is deemed unfair.

2. The judgment of this case is recognized that the defendant delayed payment of a total of KRW 1230 million, including wages and retirement allowances, to 36 workers, and that the defendant stolen a total of KRW 260 million, and that the case is not easy, but does not completely recover the damage of the damaged workers and the victims of the fraud.

However, all of the crimes of this case are recognized by the defendant, and about five months are detained in custody, and the defendant's mistake is against his own fault; the defendant failed to pay wages to the damaged workers due to the aggravation of management of the chartered bus company operated by the defendant; the victim of the crime of fraud was supplied with bus fuel at the oil station operated by the victim of the crime of fraud; there are circumstances to consider the situation that the defendant could not pay the wages; the victims want the victim's wife by agreement with the victims of the crime of fraud; the defendant's property is sold at auction and some of the damaged workers' damages are recovered; and other circumstances such as the defendant's age, character, occupation, occupation and environment, family relationship, circumstances of each crime of this case, and circumstances after the crime and the sentencing conditions specified in the oral proceedings are considered unfair. Thus, the prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.