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(영문) 창원지방법원 2016.08.25 2015노2092
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution in the month of imprisonment with prison labor, two years of suspended execution, and one hundred and twenty hours of community service) is too unfluent and unreasonable.

2. The judgment is based on the following facts: (a) the total amount obtained by deception was not stated as approximately KRW 69 million; (b) the fact that the victim did not agree with the victims; (c) the defendant had the same criminal records twice before and after the crime was committed; (d) the defendant led to the confession of the crime; (e) the defendant has against himself/herself; and (e) the repayment of KRW 24 million out of the amount of damage was made; and (e)

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

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

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