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(영문) 수원지방법원 2015.09.25 2015노3063

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution and probation in August) of the lower court is deemed to be too uneasy and unfair.

2. However, by taking advantage of a forged lease contract by the defendant, the crime of fraud of 26 million won from the victim is not less than that of the victim;

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the depth of the Defendant; (b) the Defendant deposited KRW 8.5 million in the victim’s future; (c) the Defendant did not have a same criminal record and was punished once by a fine; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (b) the lower court’s punishment is deemed unreasonable because it is too unreasonable.

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

3. If so, 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.