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(영문) 수원지방법원 2018.01.12 2017노6166
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The judgment is an unfavorable circumstance to the defendant, such as the fact that the defendant has been punished several times due to the same kind of crime, the amount of damage is not small, and the fact that the defendant actually consumeds the money acquired in the crime of fraud against the victim G.

On the other hand, the defendant returned part of the amount of damage with respect to the crime against the victim G, took measures to recover damage, such as completing the establishment of the right to collateral security on the above victim's real estate, and reached an agreement with the victim G, and deposited KRW 12 million at the court below for the victim L in the first instance, and agreed with the victim L in the first instance.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

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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