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(영문) 서울동부지방법원 2020.10.22 2019노1585
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five months of imprisonment) by the lower court is deemed to be too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, such as the fact that the amount of damage is not good because the amount of damage was not much caused by deceiving the victims and deceiving the victims several times, and that there was no agreement with the victims, etc.

On the other hand, the fact that the defendant is a primary offender, and that the 27.744 million won out of the 30 million won acquired by deception from L as a security deposit is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is without merit

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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