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(영문) 수원지방법원 2017.09.11 2017노2290
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unfasible to the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of execution of two years, the community service work hours of 120 hours).

2. Each of the instant crimes committed by the Defendant, by deceiving 10 victims, acquired a large amount of KRW 31.9 million in total on 32 occasions under the name of sales proceeds of merchandise coupons, which is not good in light of the details and results of the relevant crime, and the scale of damage, etc.

In addition, the degree of 20 million won out of the amount of damage caused by each of the crimes in this case remains without being repaid.

On the other hand, however, the defendant shows an attitude against his or her misunderstanding, and the defendant has no record of criminal punishment.

In addition, the defendant's spouse promised to recover damage and prepared a fair deed against some victims.

Considering the circumstances unfavorable or favorable to the defendant as above, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the prosecutor's assertion above is without merit, since the sentence imposed by the court below is too uneasible and it does not seem unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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