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(영문) 창원지방법원 2014.07.10 2013노769
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (two years of suspended execution in six months of imprisonment, and eight hours of probation and community service) declared by the court below is too unfasible.

2. The judgment of this case is recognized that the defendant purchased a vehicle from the victim with a loan from the victim to transfer the vehicle immediately after purchasing the vehicle, and therefore, the defendant obtained a loan from the vehicle purchase fund without the intention or ability to pay the installment normally, and the case is not less than that of the case, and the damage recovery is not possible.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, occupation and environment, family relationship, the background and result of the instant crime, the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, it cannot be deemed unfair since the Defendant’s punishment imposed by the lower court is too unreasonable. Thus, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.

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