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(영문) 부산지방법원 2016.04.21 2015노3119
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The judgment of the defendant has three times of imprisonment with prison labor, two times of suspended sentence, and 11 times of a fine, and most of the offenses punished by imprisonment with prison labor and fines among them are criminal related to fraud, the crime of this case is that the defendant deceivings the victim with no intent or ability to pay the user fee, and the defendant commits the crime of this case during the period of repeated offense, and the fact that the victim wants the punishment of the defendant because the defendant did not agree with the victim, etc. is disadvantageous to the defendant.

However, in light of the fact that the Defendant led to the instant crime, and the amount of fraud obtained by the instant crime is not relatively large to 10,500 won, and other various circumstances, which form the conditions for sentencing as shown in the records and theories on changes, such as the Defendant’s age, sexual conduct, environment, family relationship, means and consequence of the instant crime, such as the circumstances after the crime, are too unfasible and unfair.

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.

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