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(영문) 부산지방법원 2018.01.26 2017노969
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.

2. It is recognized that the Defendant, on a one-time basis, has been sentenced to a fine, penalty, and there is a record of punishment for the same kind of crime, and that the amount of defraudation exceeds a total of KRW 276 million, and even though the damage was not recovered properly, it is recognized that the Defendant did not agree with the victim D, I, andO.

However, considering all of the sentencing conditions specified in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of each of the instant offenses, the lower court’s punishment is too unafford and thus unfair, in light of the following: (a) the Defendant made a confession of all of the offenses; (b) the Defendant repaid the victim I a considerable amount of damages to the victim D and E; and (c) the victim I appears to have repaid the victim I a considerable amount of KRW 80 million to the victim E; and (d) the victim E and I would have not want to be punished; and (c) the victim E and I would have given the victim’s age, sex, environment, motive, means and consequence of the instant offenses;

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, since it is apparent that the appeal by the prosecutor was dismissed under Article 364(4) of the Criminal Procedure Act (Article 25(1)).

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