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(영문) 수원지방법원 2020.01.30 2019노3958
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible that the punishment of the lower court (two months of imprisonment, two years of suspended execution, two years of social service) is too unfased.

2. The crime of this case is deemed to have been committed by the victim E even though the defendant did not have the intent and ability to pay the consideration, and pecuniary profits were acquired by receiving the payment from the victim M from the victim M, and its nature is poor in light of the method and content of the crime. The crime of this case is deemed to have been committed by two victims due to the crime of this case, the total amount of damage is up to 47,770,000 won, and the defendant did not receive the payment from the victim, and the damage to the victim M remains considerable, but the court below also determined punishment in consideration of all the above sentencing factors.

In full view of these circumstances, comprehensively taking into account the following factors: (a) the Defendant led to the confession of and reflects against the Defendant; (b) the Defendant did not want the punishment of the Defendant; (c) the Defendant did not have any record of punishment for the same kind of crime; and (d) the Defendant’s age, career, character and conduct, environment, motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., the sentence of the lower judgment cannot be deemed to be unreasonable because

Therefore, the prosecutor's above assertion is not accepted.

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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