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(영문) 수원지방법원 2015.07.31 2014노4216
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of social service) is too unhued.

2. The fact that no recovery of damage to the victim D has been made until the judgment was rendered, and the fact that the defendant was sentenced to a fine for fraud is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the defrauded did not amount to KRW 10,50,000; and (c) appears to have endeavored to recover from damage by depositing KRW 2 million in the lower court; (b) the case and equity should be considered at the same time when the judgment of the lower court became final and conclusive; (c) the fact that the Defendant supports his/her family, such as his/her mother, etc. whose health is not good; and (d) other circumstances that form the conditions of sentencing appearing in the records, such as the Defendant’s character and behavior, age, family relationship, motive and background of the crime, means and consequence of the crime; and (e) the punishment imposed by the lower court is deemed unreasonable.

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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