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(영문) 수원지방법원 2016.09.09 2016노1520
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence to one year) is too unfied and unreasonable.

2. The Defendant, on April 2008, ordered the victim to sell one unit of C building to the victim.

It is recognized that the crime is not good by deceiving 75 million won from the victim of the crime of this case under the pretext of sale price, and that the damage has not yet been recovered until now despite the considerable amount of damage caused by the crime of this case, etc. Meanwhile, the defendant confessions the crime of this case and reflects his mistake. This case is a case that could have been adjudicated simultaneously with the crime of fraud which became final and conclusive on April 15, 2015. The time and method of the crime of this case are very similar. The defendant was first offender who had no means of punishment prior to the above case. The defendant was sentenced to imprisonment of 1 year and 6 months as the above case, and had already completed the double crime. The court below's punishment was just and there are no special circumstances to change the defendant's age, sex, intelligence, environment, motive and background of the crime of this case, method, method, result, and criminal records before and after the crime of this case. Thus, the prosecutor's allegation that the above punishment of this case is unfair is not accepted.

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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