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(영문) 인천지방법원 2016.11.24 2016노1820
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation, community service, 80 hours of imprisonment) declared by the court below is too uneasy and unreasonable.

2. It is recognized that the crime of this case was committed by the Defendant, along with the Bosing staff, by deceiving the victim with the 10 million won from the victim, and that there is no good character of the crime, and that the Defendant has the record of being sentenced to a fine in the form of fraud.

However, in full view of the following circumstances: (a) the Defendant led to the confession and mistake of the Defendant; (b) the amount of damage was relatively large; (c) the Defendant attempted to withdraw the amount of damage; and (d) the Defendant was arrested; and (c) the Defendant appears to have been involved in the commission of the instant crime on an intentional basis in light of the fact that the Defendant provided his account for the instant crime; (d) the Defendant did not have any history of having been sentenced to punishment for the same or a different crime; and (e) other circumstances that form the conditions for sentencing, such as the Defendant’s age, character and conduct, motive, means and consequence of

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. It is so decided as per Disposition.

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