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(영문) 수원지방법원 2018.02.22 2017노7198
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of one hundred and twenty hours) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant acquired money in the name of the borrowed money repeatedly from the injured party on several occasions, and the total amount of damage exceeds KRW 22.5 million, and the Defendant did not agree with the injured party.

However, the fact that the defendant recognized the crime of this case and violated it, and that the degree of deception is more severe than the mere loan fraud.

In light of the facts that it is difficult to see that the victim made efforts to repay a small amount of money, the repayment of the amount of KRW 2 million has been made, there is no record of punishment for the same kind of crime, and there is no criminal record exceeding the fine, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, sex, environment, family relationship, motive for the crime and circumstances after the crime, etc., the court below's punishment is too unfeasible and thus it cannot be deemed unfair, and the prosecutor'

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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