beta
(영문) 의정부지방법원 2014.05.30 2013노2762

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in eight months of imprisonment) is too unhued and unfair.

2. The judgment of the defendant is the previous case. The crime of this case committed the crime by using credit card in the name of another person, which was issued by the defendant through the forgery of documents, and there are circumstances such as the fact that the crime of this case was committed by the defendant, and the crime of this case was committed in the name of another person, and the law of acceptance of the crime was inferior, and the damage has not yet been fully recovered. However, the amount of damage remaining without repayment seems to be about KRW 11 million, the defendant agreed merely with D, which is the person who committed the forgery of document, and the credit card holder, and the defendant agreed to pay the damage by paying the entire amount of the card, considering the character of the defendant, and considering all the circumstances surrounding the sentencing conditions indicated in the records, such as the age, character and behavior, environment, the circumstance and contents leading to the crime of this case, and circumstances after the crime, the prosecutor's assertion is without merit.

3. 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.