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(영문) 수원지방법원 2013.12.05 2013노3155
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the court below (one year of imprisonment with prison labor for a term of six months) is too unhued and unreasonable;

2. One copy of the judgment below is that the amount of the fraud of the crime of this case committed by the defendant reaches KRW 63.6 million, and the amount of the damage was not agreed with the victim, but the defendant recognized his mistake and reflects it and made it possible for the victim to repay the damage in installments (see, e.g., reference materials submitted by the defense counsel on December 3, 2013), and the payment of interest at a relatively high rate faithfully for a considerable period of time (see, e.g., Supreme Court Decision 23.2 million won was paid even if the victim's assertion was made). In full view of all the circumstances that form the conditions for the sentencing specified in the records, such as the circumstances and contents of the crime of this case, the defendant's age, character and conduct, family relationship, environment, occupation, etc., the sentence of the judgment below cannot be deemed to be unfair because it is too low.

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

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