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(영문) 광주지방법원 2018.06.14 2017노3904
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (each of the crimes of KRW 1, 200,00,000,000 per annum of the annexed crime list in the judgment: fine of KRW 1,00,00,00 per annum: fine of KRW 3,00: fine of KRW 2,00,00) is too unfeasible and unfair.

2. Each of the instant crimes committed by the Defendant, using his/her work experience in C, obtains tuition fees, etc. from victims by taking advantage of the victim’s certificate of social worker qualification, and such fraud is not less and less than that of the crime in light of the applicable law, and some of the crimes committed during the period of suspension of execution is disadvantageous.

On the other hand, it is advantageous to the fact that the defendant recognizes his mistake and reflects, and that part of the crime is deemed to have been repaid to the victims when it comes to the first instance, and that it is necessary to consider equality with the case where the judgment was rendered simultaneously in the relation of concurrent crimes between fraud, etc. in the judgment of the court below and the subsequent Article 37 of the Criminal Act.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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