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(영문) 수원지방법원 2014.09.25 2013노5881
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (two months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too uneased and unreasonable.

However, each of the crimes of this case in collusion with the victim G, V, and Z alone or with B, shall be acquired money under the name of the borrowed money four times from the victim G, V, and Z, forged the lease contract (monthly) in the process four times, and then used as a security to the above victims. In light of the contents, motive, means, and method of the crime, the crime is very poor, and the defendant has many records of punishment for fraud, and is disadvantageous to the defendant.

However, the amount of damage of the above victims caused by each of the frauds in this case is about KRW 41 million, the defendant agreed with the above victims in the court below, and expressed his intention that the above victims do not want the punishment against the defendant, the court below additionally ordered a social service for a considerable period of time to the defendant, and the defendant was prosecuted as a separate crime of fraud by defrauding 6,40,000 won prepaid money which the defendant could have been tried jointly in this case (U.S. District Court Sungnam Branch Branch 2014No. 21) on April 1, 2014, and was sentenced to imprisonment for 6 months, suspension of execution two years, suspension of execution, and community service order 120 hours, but the defendant appealed the same year.

9.22. The appeal was dismissed.

Considering the fact that the Defendant recognized a mistake and reflects the Defendant, and all other circumstances that form the conditions for sentencing as indicated in the instant case, the lower court’s sentencing cannot be deemed unreasonable because it is too uneasible.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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