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(영문) 의정부지방법원 2018.06.04 2017노3694
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that the lower court’s punishment (one year of imprisonment, two years of suspended sentence, and observation of protection) is too unhued and unreasonable.

2. The judgment is an unfavorable circumstance to the defendant, including that the defendant has been punished for a same crime twice including one sentence, and that the amount of fraud by each of the crimes of this case reaches 393 million won in total.

However, the defendant recognized all of the crimes of this case as a whole and reflects the depth of each of the crimes of this case, and the victim D does not want to be punished against the defendant by mutual consent, and on November 3, 2017, the victim H was deposited as a person who was the principal of the victim H and endeavored to recover significant damage, such as deposit of KRW 129 million, etc. on November 3, 2017, as well as other favorable circumstances, such as the defendant's age, sex, environment, background of the crime, circumstance after the crime, etc., and all of the circumstances, which form the conditions for the sentencing of this case as shown in the records, are too unjustifiable, and thus the defendant's punishment against the defendant is deemed unfair. Thus, the prosecutor's above assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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