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(영문) 청주지방법원 2016.12.08 2016노698
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 (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The defendant, who received the money from the defendant three times, deceivings the victim to pay the money, thereby deceiving the victim to acquire approximately KRW 27,00,000 from the victim.

Although a considerable period of time has elapsed since the defendant received money from the victim, most of the damage was not recovered.

The defendant did not reach an agreement with the victim, and the victim was punished for the defendant.

Circumstances favorable to the defendant shall be as follows:

The defendant is deeply divided into and reflected in the crime of this case.

As the defendant suffered economic difficulties while operating a system, it seems that the crime of this case was caused.

The defendant prepared a notarized document stating that he would pay 35,000,000 won to the victim, and deposited 1,000,000 won for the victim in the trial.

There is no history of criminal punishment for the same crime, and there is no criminal record except for three minor fines.

In addition to the above circumstances, considering the Defendant’s age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, the lower court’s punishment cannot be deemed unreasonable because it is too uneasible.

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.

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