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(영문) 의정부지방법원 2013.10.30 2013노700
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of one million won imposed by the court below to the defendant is too unhutiled.

2. In light of the method and means of the instant crime committed by the Defendant, etc., there are conditions unfavorable to the Defendant, such as the Defendant’s act of committing the instant crime. However, while the Defendant led to the confession of the instant crime and stated that the mistake is divided in depth, the Defendant’s entire return of the insurance money by deceit to the victimized company at the investigation stage, there is no criminal power against the Defendant, and there seems to be sufficient financial situation at 64 years of age and 64 years of age, and other circumstances that are the conditions for the instant sentencing, such as the Defendant’s age, character, conduct, intelligence and environment, motive and circumstance of the instant crime, means and consequence of the instant crime, and the circumstances after the crime, etc., the Prosecutor’s assertion is without merit.

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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