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(영문) 수원지방법원 2014.01.09 2013노2546 (1)
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in light of the gist of the grounds for appeal is too unhued and unreasonable.

2. The judgment of the defendant has several times the records of punishment for the same crime, and each of the crimes of this case is used to deceive the victim by forging a sales contract to purchase scrap metal without the intention of the defendant to conduct the scrap metal business, thereby deceiving the victim. Accordingly, it is not good to commit a crime in light of the content and method of deception, the amount of fraud, etc., and the fact that the defendant did not agree with the victim and did not cause any damage.

However, the above circumstances appear to have been reflected in the judgment of the court below that sentenced the Defendant to the imprisonment for eight months, and comprehensively taking account of the Defendant’s age, character and conduct, occupation and family environment, background and result of the crime, and the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too unjustifiable and 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.

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