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(영문) 창원지방법원 2015.11.19 2015노1787

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (ten months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The crime of this case is a large amount of damage, which is 98 million won or more, as the defendant committed the crime of this case and acquired money by actively means such as making another person engage in the crime as if the defendant was his own wife and forging documents.

However, there is no evidence to support that the defendant continued to have the defendant's wife in the court below and the trial court, and that the defendant was directly making a profit due to the crime.

In addition, the defendant shows an attitude against the defendant, recognizing the error in the trial.

Considering such circumstances and other conditions of sentencing as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and the circumstances after the commission of the crime, the sentencing conditions indicated in the pleadings are considered. Considering equity in cases where a judgment is rendered simultaneously with the judgment that became final and conclusive, the sentencing of the lower court does not seem to be excessively unreasonable beyond the reasonable scope.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.