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(영문) 수원지방법원 2013.05.29 2013노537

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The amount of damage in this case’s assertion of unfair sentencing by the prosecutor is not so significant, and the victim E does not have any unfavorable condition to the defendant, such as submitting a written application for the correction of the defendant’s punishment at the trial. However, in the case of invalidation of a sales contract which is a related civil case, the Suwon District Court 2010Kadan90100, the victims claimed the termination of the contract against the defendant due to the delay of performance and ordered the defendant to cancel the ownership transfer registration of the defendant’s convenience store on July 12, 2012. The defendant appealed the appeal after the appeal, but the above judgment became final and conclusive, and substantial damage has been recovered, and the above judgment became final and conclusive upon withdrawal of the appeal after the appeal, on October 8, 2010, the defendant was sentenced to a suspended sentence of eight months at the Suwon District Court and two years after the suspension of execution, and the defendant’s age, character and behavior, the defendant’s age, how and circumstances leading up to the execution of the crime in this case’s case’s imprisonment, etc.

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