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(영문) 창원지방법원 2014.03.27 2014노143
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment (four months of imprisonment) declared by the court below is too unhued.

2. In light of the fact that the Defendant committed the instant crime with a large number of victims who continuously and repeatedly committed fraud using the Internet transaction for a considerable period of time, and that it appears that the Defendant would have significantly impaired the trust in the Internet transaction. On February 20, 2013, the Defendant, at the Changwon District Court, sentenced 2 years to a suspended sentence of imprisonment with prison labor for six months due to fraud by the same means as the instant case, at the Changwon District Court sentenced on February 28, 2013, which became final and conclusive on February 28, 2013, and the Defendant again committed the instant crime with a total amount of KRW 2 million, even during the suspended sentence period

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, occupation and environment, family relationship, the background and result of each of the instant crimes, the circumstances after the commission of the crime, etc., and the conditions of sentencing as shown in the oral proceedings, the prosecutor’s assertion is without merit, on the ground that the sentence imposed by the lower court is too uneasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.

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