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(영문) 수원지방법원 2015.01.22 2014노3453
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (two months of imprisonment and two years of suspended execution) is deemed to be too uneasy and unfair.

As a result of each of the crimes in this case, the victim D's total amount of damage exceeds 60,80,000 won, and the defendant has a number of criminal records of the same kind, etc., which are disadvantageous to the defendant.

However, in light of the fact that the Defendant paid KRW 5 million to the victim during the course of investigation, paid an additional amount of KRW 5 million to the victim, transferred the certificate of right to the period of a charnel, and agreed with the victim by transferring the certificate of right to the period of a charnel, recognized errors and reflects them, the instant case has the time of self-esteem while living in custody near two months, and all other circumstances constituting the conditions of sentencing as indicated in the instant case, the lower court’s sentencing is too unjustifiable and unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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