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(영문) 서울동부지방법원 2017.06.30 2016노1875
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment and two years of suspended execution) is too uneasable in light of the summary of the grounds for appeal (unfair sentencing) and the fact that the amount of damage of this case is significant and the victim was not agreed upon.

2. In full view of the reasons for sentencing indicated in the arguments and records of the instant case, in particular, the fact that the instant goods transaction is not a false transaction without any basis, etc., the lower court’s sentencing appears to have been determined by fully considering the various sentencing factors asserted by the prosecutor, and no special circumstance exists to the extent that the said sentence is changed.

In the end, the prosecutor's above argument of sentencing is without merit.

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

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