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(영문) 서울동부지방법원 2019.05.28 2019노419
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year of imprisonment, two years of suspended execution, and confiscation) against the Defendant on the grounds of appeal (unfair punishment) is deemed to be too uneasy and unfair.

2. In light of the arguments of this case and the reasons for sentencing indicated in the records, the crime of this case was involved in organized crimes, the risk and possibility of criticism are relatively less, and the amount of damage caused by the crime was received from the victims of fraud, the degree of the defendant's participation in the crime is relatively minor and the specific method of committing the crime is insufficient to deem that the defendant was aware of the specific method of committing the crime by other staff members who participated in the crime, and the defendant is seriously against the first offender, the court below's sentencing seems to have been appropriately determined by fully considering all the circumstances, including the reasons for multiple sentencing claimed by the prosecutor, and there are no special circumstances to the extent that the sentencing is modified ex post facto, and therefore, the prosecutor'

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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