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(영문) 부산지방법원 2016.12.22 2016노1995
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 10 million imposed by the original judgment on the summary of the grounds for appeal is too unfasible and unreasonable.

2. The judgment of the court below is clear that there are various circumstances where the nature or possibility of criticism of the crime of this case cannot be easily seen, such as the crime of this case, such as the fact that the victim who became aware of through the marriage information company wants to develop a relationship with himself/herself by taking advantage of the circumstance that he/she wants to do so, and that he/she obtained the victim a total of 22 million won from the victim by actively deceptioning the crime of this case, which leads to the victim's property damage as well as property damage, and the victim seems to have suffered considerable mental damage as well as property damage, and the defendant does not have yet to recover from damage, and the defendant does not have an attitude to assume responsibility for the crime of this case. However, considering the period when the defendant met the victim, the period when the defendant demanded money, and its interval, it cannot be concluded that the defendant started to use the victim from the beginning. Considering the circumstances such as the fact that the defendant was found to have committed the crime of this case with an economically lacking criminal history, the defendant's age, character, circumstances, motive, and circumstances after the crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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