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(영문) 수원지방법원 2014.10.23 2014노3012

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two years of imprisonment with prison labor for eight months and a suspended sentence) is deemed too uneasy and unreasonable.

2. Although the amount of the defrauded money in this case was not written and the damage was not recovered, the actual user of the money from the victim appears to be the Defendant’s wife E, the degree of the Defendant’s participation appears to be low, the Defendant has no record of committing any crime other than the sentenced to a fine of KRW 500,000 due to the crime of gambling in 202, and other matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character, conduct and environment, etc. as indicated in the records and arguments of this case, it is not unreasonable for the lower court’s punishment against the Defendant to be too unreasonable.

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.