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(영문) 인천지방법원 2015.09.11 2015노1656
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) declared by the court below is too unhued and unreasonable.

2. It is recognized that the judgment is based on the facts that the victim’s damage caused by the Defendant’s crime is a considerable scale.

However, in light of the fact that the defendant recognized the crime of this case, the defendant did not have the history of punishment for the same crime, the defendant returned 100,000 shares out of the shares acquired by the victim, the defendant paid 20,000 won and agreed with the victim for the recovery of damage, the defendant was detained for more than 2 months due to the crime of this case, and other factors of sentencing specified in the argument of this case, such as the defendant's age, character and conduct, circumstances of the crime of this case, and circumstances after the crime, etc., it is difficult for the prosecutor to accept the above argument of the prosecutor.

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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