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(영문) 광주지방법원 2013.12.11 2013노2207
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (three years of imprisonment) is too unhued and unfair.

2. The judgment of the court below is justified in light of the following: (a) the amount obtained by deception from the victims due to false words, such as misrepresentation of the court official, prosecutor, lawyer, etc., or the fact that the prosecutor who is one's relative, etc., led to 470 million won or more; (b) the incumbent prosecutor's real name was stated in the process, and the number of phone numbers were used, and the voice was changed, and calls were falsified as if they were different persons; (c) the defendant did not agree with the victims other than the victims G; (d) the defendant was not sentenced once to a fine for the same crime; (c) the defendant was sentenced one time due to the same crime; (d) there was no criminal record heavier than a fine; and (e) the defendant was agreed with the victim G and returned 23 million won to the victim F; and (e) the defendant's age, character and conduct, the motive and circumstances of the crime; and (e) the records and circumstances revealed in this case after the crime are considered as unfair.

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

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