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(영문) 서울동부지방법원 2016.01.14 2015노1371
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is improper because the period of suspended sentence of ten months, which was sentenced by the court below, is too uneased.

2. As to the grounds for appeal, there are unfavorable circumstances, such as the following: (a) the Defendant, by stealing the name of C, obtained a credit card and used approximately KRW 36 million through purchase of goods and cash services, etc. over a year of approximately 2.80 times for a year; and (b) the Defendant failed to settle the amount of KRW 12 million; and (c) there are records of having been punished several times due to the same kind of crime, etc.

However, upon examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is appropriate, and the determination is not unreasonable. It does not seem that the amount of punishment imposed by the court below is unreasonable.

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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