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(영문) 수원지방법원 2016.11.25 2016노6400
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is unreasonable as the lower court’s punishment (exemption from punishment) is too unhued.

2. The judgment of the court below is disadvantageous in terms of circumstances, such as the fact that the defendant acquired money in excess of KRW 200 million from the victim for a variety of names, and that there is no agreement with the victim until the trial court, etc., but there was no settlement of money transaction between the defendant and the victim, and that the actual amount of damage would be less than the amount of the above fraud because payment was made to the victim, and that the defendant has been paid a considerable amount of payment to the victim, and that all of the crimes in this case were led to the judgment of the court below, and there was no criminal history prior to the crime in this case, and there was no criminal history; that prior to the crime in this case, there was no criminal history; that prior to the judgment of the court below sentenced three years to imprisonment on June 2, 2016, the court below's sentencing is reasonable; that there is no special reason to change the sentence of the court below at the trial; that there is no other special circumstance to change the defendant's age, character and behavior, environment, motive and background of the crime, method, method, and criminal relation, etc.

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

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