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(영문) 의정부지방법원 2017.10.19 2017노2205
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment and two years of suspended sentence) is too uneased and unfair.

2. The circumstance in which the person who suffered the judgment wants to bring the defendant to the strict punishment is recognized.

On the other hand, the victim received an amount equivalent to KRW 48 million, including KRW 40 million contributed by the defendant from F, the owner of the apartment of this case, as agreed gold, and the defendant deposited KRW 24 million with the victim as the principal.

In this respect, most damages were recovered.

The defendant is the first offender.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unfeasible and unfair.

Therefore, prosecutor's 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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