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(영문) 서울서부지방법원 2015.10.15 2013노1459
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) by the lower court is too minor.

2. The judgment has a record of five times of punishment for the same crime, and there are other records of multiple punishments for the same crime, and the fact that the defendant did not agree with the victim is an element of sentencing disadvantageous to the defendant.

However, the fact that the defrauded amount of this case is only 6,230,000 won is an element of sentencing favorable to the defendant.

In addition, considering the overall sentencing conditions prescribed by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, and means and methods of crime, the sentence of the lower court cannot be deemed unreasonable because it is too uneasible.

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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