beta
(영문) 서울북부지방법원 2015.07.03 2015노748

사기

Text

The prosecutor's appeal is dismissed.

The Criminal facts of the lower judgment under paragraph (2) 1 of the same Article shall be construed as " January 5, 2014".

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (one year of imprisonment) is too unhued and unreasonable;

2. It is the same as the prosecutor's argument that the defendant shall be strictly liable for the act of taking part in the so-called voiceing fraud crime. However, if we examine the following factors: (a) there is no criminal record that the defendant has mistakenly recognized the defendant; and (b) there is no criminal record that he has been punished in the past; and (c) the victim E has returned the money acquired through deception; and (d) all of the sentencing conditions specified in the arguments, such as the defendant's age, character and conduct

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the decision of the court below is delivered with the order to correct the written judgment clearly in writing in accordance with Article