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(영문) 창원지방법원 2017.05.25 2017노83
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of 10 months, the suspension of the execution of 2 years, the fine of 5 million won, and the community service for 40 hours) is deemed to be too uneasy and unreasonable.

2. In light of the following facts: (a) the Defendant was sentenced to a suspended sentence of imprisonment due to the crime of fraud; (b) the Defendant committed each of the instant frauds to use it as gambling funds; (c) the amount of damage was not less than KRW 40 million; and (d) the frequency or amount of gambling is not much significant; (b) there are unfavorable sentencing grounds, such as the confession of the Defendant; (c) the Defendant is against himself/herself; (d) there was an agreement with all victims of the crime of fraud and larceny (total amount of KRW 5 million was paid in reality; and (e) there was no gambling criminal record and there was no previous criminal record exceeding the suspended sentence of imprisonment for the last ten years; and (e) comprehensive consideration of all favorable sentencing grounds, Defendant’s age, family status, economic situation, circumstances and motive leading to the crime; and (e) other records and changes in the records of this case, the Prosecutor’s assertion that there is no reason to believe that there is no additional change in circumstances is reasonable.

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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