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(영문) 청주지방법원 2015.04.17 2012노963
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three months of imprisonment) is too unfuneed and unjust.

2. The crime of this case was committed by the Defendant, who was sentenced to a punishment for the same type of crime, used a stolen credit card during the period of repeated crime, and settled small amount with another person's mobile phone, and the punishment for the unlawful act is not somewhat minor.

In addition, considering that the defendant appears to have used stolen credit cards for the settlement of entertainment expenses, it is necessary to punish the defendant strictly.

However, the defendant recognized the crime of this case from the beginning of the investigation to the trial court, and his mistake is divided in depth.

In addition, considering the fact that the amount of damage is approximately KRW 1.7 million and the amount paid approximately KRW 1.3 million among them, and other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive of the crime, relationship to the victim, means and consequence, etc., the lower court’s punishment is appropriate, and it is not recognized that it is unfair because it is too unreasonable.

The prosecutor's ground of appeal cannot be accepted.

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

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