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(영문) 서울중앙지방법원 2017.08.10 2017노240
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (an offense set forth in the first sentence set forth in the second sentence set forth in the second sentence of 2015: Imprisonment with prison labor for four months; a crime set forth in the second sentence of 2015; a crime set forth in the second sentence of 1995; and a crime set forth in the second sentence of 2015 which is set forth in the second sentence of 339: imprisonment for one year and two months) is too uneasible and unfair.

2. The crime of this case is an unfavorable circumstance to the defendant, in light of the extent of damage (the victim J: 128 million won, the victim L: 50 million won, the victim N: 50 million won, and the victim N: 50 million won) by receiving investment money from the victims when the defendant was in a state that he/she is engaged in freezing bold manufacturing and selling breabb and is unable to operate a company normally, etc., the crime of this case is not good, and there is no agreement with the victim N, and there is a history of punishment for the same crime.

However, each of the facts that the defendant recognized each of the crimes of this case and against himself, the victim L, J and the original agreement (the trial records No. 354, 478, 506) was reached (the trial records No. 354, 478, 506), the court below deposited KRW 10 million in the appellate court for the victim N (the trial records No. 486, 516 of the trial records) and the appellate court additionally deposited KRW 5 million (the reference materials for the defendant's submission on August 9, 2017), and the fact that fraud against the victim L is a concurrent crime with a final judgment and Article 37 of the Criminal Act, and the fact that equity should be considered at the same time with the case to be judged is favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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. It is so decided as per Disposition.

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