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(영문) 전주지방법원 2017.05.18 2016노1212
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because it is too unfluened.

2. It is recognized that the crime of this case is committed against many unspecified victims, and the crime of undermining the credibility of transactions online is not committed, and the defendant has been punished for the same kind of crime.

However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the victim’s withdrawal of a complaint against the Defendant by mutual consent with the Defendant at the investigation stage; (c) the amount of damage is not relatively large; and (d) the equity in the case of the judgment at the same time with the case of fraud that became final and conclusive by committing a crime under the same law; and (c) the Defendant’s age, sexual conduct, environment, the process, motive, means, and consequence leading to the instant crime; and (d) the sentencing conditions specified in the records and arguments, such as the situation before and after the instant

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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