logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.11.19 2014노1484
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (ten months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is deemed to be too unhued and unreasonable;

2. The instant crime of this case, based on the reasoning of appeal, was committed by the Defendant, by deceiving the victim, who had been in a personal relationship with the victim while the Defendant had been in a personal relationship with him/her, and by deceiving him/her more than 4,903,130 won over 14 times. As such, the Defendant committed the instant crime repeatedly by taking advantage of personal trust relationship with the victim, and there are unfavorable circumstances such as the poor nature of the crime, and the amount of damage caused by the instant crime is a large amount.

However, in light of the facts that the Defendant recognized the instant crime and reflects it, the Defendant repaid the victim the amount of KRW 3,900,000, which is part of the amount of damage, and the Defendant paid a certain amount each month to fully repay the amount of damage by June 30, 2016, the victim and the victim agreed with the victim to not want to be punished, and the Defendant did not have any record of punishment for the same kind of crime in the past. In full view of all the sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, character and conduct, family relationship, and circumstances after the crime, it is difficult to deem that the lower court’s punishment is too unjustifiable

Therefore, prosecutor's assertion is without merit.

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

arrow