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(영문) 창원지방법원 2016.06.23 2015노3059
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended execution in the month of imprisonment with prison labor, two years of suspended execution, and two hundred hours of community service) is too unfasible and unfair.

2. The judgment is based on the following facts: (a) the total amount obtained by deception is not KRW 78 million; (b) the fact that the victim did not agree with the victim is an unfavorable sentencing ground; (c) the confession of the crime is made; (d) the defendant paid approximately KRW 18 million to the victim; and (e) the defendant paid approximately KRW 40 million to the victim; and (e) the defendant paid approximately KRW 40 million out of the principal amount; and (e) the defendant has no criminal record exceeding the same criminal record or fine, which is favorable for sentencing.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

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

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