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(영문) 서울북부지방법원 2015.12.11 2015노1375
사기
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, and one hundred and twenty hours of community service) is too unfford and unreasonable;

2. In light of the fact that the amount of the Defendant’s fraud reaches the maximum amount, and the damage of the victimized company is not recovered, the prosecutor’s argument that the Defendant’s liability is heavy is acceptable. However, the circumstances leading up to the Defendant’s crime can be recognized for the purpose of preparing livelihood and medical expenses, and there is no record of punishment as a crime of imprisonment without prison labor or a crime of the same kind, and there is no record of punishment as the Defendant’s age, character and behavior, family environment, etc., and there is no judgment that the lower court’s punishment is too unreasonable.

Therefore, the prosecutor's assertion is not accepted.

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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