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(영문) 서울동부지방법원 2014.04.10 2014노179
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the punishment (two million won of fine) declared by the court below is too unfasible and unfair.

On November 30, 2012, the Defendant was sentenced to four months of imprisonment for fraud, which was terminated on February 28, 2013, and the Defendant committed the instant crime during the repeated crime period after the enforcement of the sentence was terminated on February 28, 2013. However, in sentencing, the Defendant was at a disadvantage to the Defendant. However, the amount of damage caused by theless erosion of this case is a small amount of KRW 75,00,00, and the Defendant was no longer due to the instant crime, and the victim appears to have visited before the instant crime. The victim was at the first defect that the Defendant had no wall, but only reported the disturbance without the Defendant’s guidance; the Defendant appears to have continued to work as a daily employee; the Defendant’s age, age, character and conduct, the environment, motive, means and consequence of the instant crime; and the circumstances after the instant crime, etc., the lower court’s judgment’s sentencing should not be deemed to have been able to have been found to have been unreasonable.

The prosecutor's assertion is without merit.

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

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