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(영문) 수원지방법원 2015.01.22 2014노3579
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (two months of imprisonment and two years of suspended execution) is deemed to be too uneasy and unfair.

However, considering the following circumstances: (a) the victim I’s total amount of damage caused by the instant crime was 17 million won; (b) the Defendant paid the victim KRW 5 million to the victim (including cash KRW 450,000,000, the Defendant claimed that the Defendant paid KRW 5,4550,000,000, including cash KRW 4550,000); (c) the primary offender was found to have been erroneous; (d) the Defendant’s health is not good due to cerebrculty, etc.; and (e) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (e) any other circumstances that form the condition for the sentencing of the instant case, such as

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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