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(영문) 광주지방법원 2013.06.07 2013노688
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment and two years of suspended execution) is too unfased and unreasonable in light of the substance and nature of the instant crime.

2. The crime of this case is a case in which the victim acquired money from the victim by means of the victim’s confidential relationship that the defendant conspireds on the premise of marriage, and the crime of this case is not good in consideration of the fact that the method of crime is inadequate and the total amount of damage exceeds KRW 100 million.

However, in full view of the following factors: (a) the Defendant led to the Defendant to commit the instant crime and reflects the depth thereof; (b) the Defendant sought the Defendant’s wife against the Defendant by mutual consent with the victim; (c) the Defendant has endeavored to recover damage by repaying a certain amount of money per month to the victim; (d) there was no previous conviction exceeding a fine; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, family environment, etc., the Defendant’s punishment cannot be deemed to be unfair because

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

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