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(영문) 의정부지방법원 2015.04.03 2014노1326
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence for four months of imprisonment) is undue.

2. In light of the judgment, the crime of this case is recognized as an unfavorable circumstance to the defendant, such as the fact that the defendant obtained the loan from the lending company by taking advantage of the fact that he is working in the lending company and the fraudulent acquisition of the loan from the lending company is bad, and that the damage was restored to the trial, or that the defendant did not agree with the victim.

However, in full view of the fact that the defendant recognized the facts charged of this case, the amount of fraud is not so significant, the defendant has no criminal history of the same crime, in particular, since 2002, there is no criminal history of the suspended execution or more, and other various circumstances, including the defendant's age, character and conduct, intelligence and environment, motive and circumstance of the crime of this case, means and consequence, circumstances after the crime of this case, family relationship, etc., the prosecutor's assertion is without merit, since the sentence imposed by the court below is not deemed to be unfair because it is deemed that the punishment imposed by the defendant is adequate and excessive.

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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