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(영문) 청주지방법원 2015.06.05 2014노1351
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment with prison labor for six months, two years of probation, and one hundred and sixty hours of social service) declared by the court below is too unfasible and unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant to acquire money from an unspecified number of victims through the ice sales site, and considering the frequency of the fraud and the sum of the amount of the fraud (1,532,750 won) in consideration of the case of the crime of this case, the punishment of illegality is more severe.

In addition, even though the defendant has been punished six times by a fine due to the same crime, he has committed the same crime repeatedly.

In addition, considering the fact that the defendant has yet to reach an agreement with the victims, and that there is no particular effort to recover the victims' damage, it is necessary to punish the defendant significantly.

However, the defendant seems to have recognized all of the crimes of this case and divided his mistake.

In addition, considering the fact that the amount of damage by victim is not so significant, the defendant did not have the criminal records of the suspended sentence so far, and that it seems necessary to suspend the defendant's wrong behavior that has been repeated to the defendant only once, and give the defendant an opportunity to become a faithful member of society. In addition, in full view of the various circumstances that are conditions for sentencing, such as the defendant's age, character, character, intelligence and environment, relationship to victims, motive, means and consequence of the crime, the punishment determined by the court below is too unjustifiable, and it is not recognized that the punishment determined by the court below

The prosecutor's ground of appeal cannot be accepted.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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