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(영문) 인천지방법원 2014.08.29 2013노3782
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 uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant, by deceiving the victim who is a workplace partner, had the victim jointly and severally guaranteed the Defendant’s debt or borrowed money; and (b) the Defendant’s total amount borrowed is an amount equivalent to KRW 20 million.

On the other hand, however, the court below had determined punishment by fully considering the circumstances unfavorable to the defendant, and it seems that there was no change in circumstances that could differ from the judgment of the court below and the punishment of the defendant, and the defendant has repaid his obligation in good faith until now, and therefore, the damage suffered by the victim seems to be minor, the defendant's intent to jointly and severally guarantee the defendant's obligation to the victim was in itself. However, since the defendant merely belongs to the method of repayment, the degree of deception is relatively minor, and the other various sentencing conditions in the records and arguments, such as the defendant's age, happiness environment, the circumstances before and after the crime, etc. are considered as being too minor, it cannot

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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