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(영문) 인천지방법원 2016.12.15 2016노2446
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 (six months of imprisonment, two years of suspended execution, and eight hours of social service) is too uneased.

2. The crime of this case is recognized that the defendant, as if he were to pay rent, obtained the vehicle from the victim and acquired it by fraud, and that the defendant, after committing the crime, sold the above vehicle to a third party, makes it difficult to recover the damage that he sold, and did not agree with the victim.

However, in full view of the following circumstances: (a) the Defendant led to the confession and mistake of a crime; (b) the Defendant deposited KRW 4 million for the victim; and (c) the Defendant did not have any record of being sentenced to a punishment exceeding the fine for the same kind or a different kind of crime; and (d) the Defendant’s age, character and conduct; (b) the motive, means and consequence of the instant crime; and (c) the circumstances after the crime, etc., the sentence of the lower court is too un

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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