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(영문) 의정부지방법원 2015.04.01 2014노1659
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, two years of probation, one hundred and twenty hours of social service) is too unhued and unreasonable;

2. The fact that the judgment defendant's money or property acquired by the victims reaches a total of KRW 20 million, a part of the crime was committed under a secret plan such as forging a real estate lease contract, and the crime is not good, the victim C wishes to punish the defendant strictly, the defendant has been punished for the same kind of crime several times, and in particular, the defendant has been sentenced to punishment in around 2004.

However, each of the crimes in this case is against the defendant's recognition of each of the crimes, and each of the crimes in this case is favorable to the defendant, such as the fact that the defendant committed a crime that the defendant had been urged to pay debts by the bond company while the defendant had difficulties in living due to the bonds, etc., and there are some circumstances to consider in its circumstance, and that some of the sale proceeds of cosmetics has been paid to the victim C, and the actual losses suffered by the victim C are less than the stated in the facts of the crime in the judgment below, and the defendant agreed with the victim D, L, andO only, and the defendant made efforts to pay damages by remitting small amounts or transfers to the victim C several times.

In full view of the motive and methods of committing a crime, including the above circumstances, the results, the circumstances after committing a crime, etc., and the recommended sentences of the Supreme Court in the sentencing guidelines [the crime group, general fraud, type 1 (less than KRW 100 million), the basic area (where special mitigation is very poor: punishment is not imposed; special mitigation is not imposed; 6 months - January 6], the sentence of the court below cannot be deemed to be too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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