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(영문) 수원지방법원 2019.07.04 2019노1781
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. Although the judgment below is recognized that the defendant did not recover most of the damages of 14,400,000 won, and that the defendant does not seem to have seriously opposed to the defendant in light of his attitude when he was investigated by the police, etc., the court below also seems to have determined the punishment in consideration of all the above sentencing factors.

In such circumstances, the crime of this case is a concurrent crime with the crime of fraud of which the defendant was sentenced to one year by deceptioning KRW 260 million from I, and the latter part of Article 37 of the Criminal Act, and the equity with the case of the above fraud should be considered at the same time as the crime of this case, and the amount of damage is not the amount of 14.4 million won, and the amount of damage is not the amount of 14.4 million won, and other various sentencing conditions as shown in the argument of this case, such as the defendant's age, career, character and behavior, character and environment, motive, means and consequence of the crime, etc., it cannot be deemed that the sentence of the judgment of the court below is too unreasonable.

Therefore, the prosecutor's above assertion is not accepted.

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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