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(영문) 수원지방법원 2013.10.10 2013노2669
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (four months of imprisonment) is too unhued and is unreasonable;

2. The court below's sentence is too unfair in full view of all the circumstances such as the circumstances and contents of the crime of this case, the defendant's age, character and behavior, family relationship, occupation, etc., which led to the occurrence of a crime of this case, although it was not agreed with the victim, the defendant recognized his mistake and reflects it, the defendant was sentenced to a fine for a double-class crime (the defendant was sentenced to a three-year imprisonment as he committed real estate fraud in a manner similar to this case) as stated in the judgment of the court below. The defendant established a collateral security on his own land for the victim around September 2010 (However, it was not possible that the actual damage was not recovered as a result of the auction of the above land, but the defendant set up a collateral security on his own land for the victim at around September 2010 (see, e.g., evidence record 1st and 21th, evidence record), and all other circumstances that form the conditions of sentencing as shown in the records of the crime of this case, etc.

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

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