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(영문) 광주지방법원 2016.06.15 2015노3035
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence to eight months of imprisonment) is unreasonable because it is too unfasible.

2. The crime of this case is an unfavorable circumstance in which the crime of this case was committed by deceiving the damaged person by deceiving the 50 million won from the damaged person by iceizing the corporate bonds business, and the crime of this case is not good, and the damage amount is not significant.

On the other hand, there is no record of punishment for the same crime, and there is no criminal record exceeding the fine since 2009, the defendant agreed to repay and deposit the victim's 20 million won and to repay the remainder in a later manner, and agreed with the victim. The victim wanted the wife against the defendant.

In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s aforementioned assertion is without merit.

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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