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(영문) 전주지방법원 2015.04.10 2015노55
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and two months of imprisonment, two years of suspended execution, and 80 hours of community service order) declared by the court below is too unhued and unreasonable.

2. The crime of this case, which was committed in the form of money transaction, is to be deemed to be more serious than 180 million won by deceiving the victim from the victim for a two-year period by taking advantage of the parents with the elderly victims who are vulnerable to money transaction.

However, in light of all the sentencing conditions, including the fact that the defendant led to the confession of the crime and the mistake of the defendant, the defendant seems to have caused the crime of this case due to her husband's failure of business when making normal transactions with the victim, the total of KRW 53 million was deposited in the account of the victim during the period of the crime, and the amount of KRW 90 million was paid to the victim for the recovery of damage caused by the victim, the fact that the defendant did not have any criminal record other than the fine, and the fact that the defendant did not have any criminal record other than the defendant's age, character and conduct, family environment, etc., the sentence imposed by the

Therefore, prosecutor's assertion is not accepted.

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

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