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(영문) 부산지방법원 2014.12.18 2014노3488
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. Until the judgment was rendered, agreement with the victim was not reached or the damage recovery was not made, and the fact that the defendant had a record of punishment for a suspended sentence of imprisonment due to fraud around 1992 is disadvantageous to the defendant.

However, in full view of the following factors: (a) the victim appeared as a witness in the court of original instance and stated that he was unable to believe that he was unable to trust the defendant with money from F that he was present in the court of original instance and did not receive money from the defendant; and (b) the equity in the case of a judgment at the same time with the judgment of the first head of the criminal facts as indicated in the judgment below should be considered; and (c) the above previous criminal records are relatively long prior criminal records; and (d) other factors that form conditions for sentencing, such as the defendant’s age, character and conduct, motive, means and method of the instant crime, and the circumstances after the crime

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and 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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