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(영문) 서울중앙지방법원 2016.05.27 2016노600
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. It is unfair that the first deliberation type (3 million won in penalty) of the summary of the grounds for appeal is too unhued.

2. The amount of defraudation of the crime of this case is not specified as KRW 30,000,000, but the victim I still wishes to punish the defendant.

However, considering the following circumstances: (a) the Defendant, after committing the instant crime, committed the instant crime, set up a victim’s franchise store in another place, and appropriated the amount of damage to the expenses incurred in opening the said franchise store; (b) the Defendant did not have any record of punishment exceeding the same type of crime or fine; and (c) the motive and background leading up to the instant crime; (d) the means and method of the crime; and (e) the circumstances before and after the instant crime; and (e) the Defendant’s age, sexual conduct, occupation, family relationship, etc. and the conditions of sentencing as indicated in the pleadings, the sentence imposed by the first instance

3. If so, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25 of the Regulations on Criminal Procedure, since it is obvious that “ August 21, 2015” in the fourth part of the facts constituting the crime of the first instance judgment is a clerical error of “ August 21, 2014.”

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