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(영문) 창원지방법원 2016.06.02 2015노2320
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (each of the crimes in the judgment of the court below 1 and 2: imprisonment for 8 months, 2 years of probation, 40 hours of community service, 3, and 4: fine of 2 million won) that the court below sentenced to the defendant is too unfeasible and unfair.

2. The majority victims due to each of the crimes of this case are victims, and the amount of fraud is relatively large to the sum of 47,90,000 won, and the defendant has been punished by a fine of 3 million won in 2008 and 2 years of suspended execution in August 2013, and the defendant again committed each of the crimes of this case without being aware during the suspended execution period is disadvantageous to the defendant.

On the other hand, the court below made a deposit of KRW 15 million for the victim B, and deposited the above victim's 60,000 won on June 23, 2014, and paid KRW 300,000 on July 23, 2014, and deposited KRW 22,90,000 out of KRW 30,000 of the damage amount of the above victim's 30,000 won at the court below, and agreed with the victim's G. The court below made a deposit of KRW 10,00,000 out of KRW 5,40,000 of the damage amount, deposited KRW 2,50,000 out of KRW 5,540,00,00,000 among the damage amount, and deposited KRW 2,500,000 to the victim L in full favorable to the defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unfasible and unreasonable.

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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