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(영문) 전주지방법원 2015.05.29 2014노1519
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, and 80 hours of community service order) declared by the court below is too unhued and unreasonable.

2. The crime of this case, although the defendant did not intend to work at a entertainment establishment, is planned to receive advance payment from the victims, and the victim 11 million won by means of flight, and the defendant's her dynamics falsely speaked as requiring school expenses, and thus, the crime of this case is not good, and the defendant has a record of criminal punishment several times due to the same kind of crime, it is necessary to strictly punish the defendant.

However, in light of the fact that the defendant recognized the crime of this case and made a mistake against the victim, that the defendant made efforts to recover damage, such as deposit of KRW 3.7 million at the court below for the victims, and KRW 2 million at the court below, that the defendant has been employed as an employee in the department store only, and that the defendant works as an employee in the department store, and that he will live in good faith in the future, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character, conduct and family environment, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, 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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