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(영문) 광주지방법원 2015.10.13 2014노2581
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and two hundred hours of community service) is too uneased and unreasonable.

2. In full view of all the factors such as the fact that the sum of the amount acquired by the defendant is about KRW 130 million, and that the damage recovery is not fully performed, the defendant made an additional deposit in the court below's attached Form 1 (1) in order to recover damage to the whole person who has subscribed to the crime list in the attached Table 2 to the court below, and that D manages and sells the cell phone acquired by each of the crimes in this case, and the profits earned by the defendant seems to be less than the amount of the crime, the profits acquired by the defendant are to be less than the amount of the crime, the favorable sentencing factors such as the fact that the child supports the child, the favorable sentencing factors such as the defendant's age, character and conduct, and environment, and the scope of the recommended sentence of the sentencing guidelines as shown in the records and arguments of this case including the defendant's age, character and environment (not less than eight months) and the scope of imprisonment (not less than eight months).

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

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