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(영문) 창원지방법원 2017.02.16 2016노3225
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (two years of suspended sentence for the crime No. 1 of the judgment of the court below, two million won of fine for the crime No. 2 of the judgment of the court below) is too unfluent and unfair.

2. Although the Defendant had a number of records of punishment for fraud since 2012, he/she again committed each of the crimes of this case. In particular, the crime No. 2 of the judgment of the court below committed during the period of suspension of execution for the same kind of crime is disadvantageous to the Defendant.

However, the following circumstances are considered: (a) the Defendant confessions the facts of the crime and reflects the Defendant; (b) the amount of damage is a relatively small amount of KRW 1.2 million; and (c) the victim F repaid the full amount of damage; (b) the victims do not want the punishment of the Defendant; (c) the crime of KRW 1 in the holding of the lower judgment is sentenced on July 23, 2015 and finally finalized on July 31, 2015 (two years of suspended sentence in August); and (d) the crime of KRW 2 in the holding of the lower judgment is sentenced on March 24, 2016 and became final and conclusive on September 9, 2016 and the crime of KRW 37 in the concurrent relationship with each other under Article 37 of the Criminal Act; and (d) the equity in the case of the Defendant’s age, environment, sex, motive, motive, and circumstances before and after the instant crime cannot be considered to have been considered in light of the following circumstances:

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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