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(영문) 서울서부지방법원 2015.09.25 2015노884
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) imposed by the court below on the defendant is deemed to be too unhued and unfair.

2. Determination: (a) the Defendant did not agree with the victim; (b) the amount of damage reaches KRW 100,000; and (c) the Defendant was punished for the same kind of crime; (b) the Defendant took advantage of his unfavorable circumstances against the Defendant; (c) the Defendant paid KRW 1,50,000 per month to the victim for 17 months from September 2012; (d) paid KRW 20,000 on April 22, 2015; (e) deposited KRW 20 million for the victim; and (e) paid KRW 5,00,000 on June 1, 2015; and (e) made efforts for repayment of damage, such as repayment of additional KRW 5,00,00,000,00 at the trial; and (e) the Defendant’s age, character and conduct; (e) the circumstances after the instant crime; and (e) the sentencing conditions after the instant crime, etc., the sentence to the Defendant is reasonable.

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.

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