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(영문) 창원지방법원 2016.08.25 2016노380
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of suspended sentence in six months of imprisonment) is unreasonable because it is too unfasible.

2. Determination Doctrine, the total amount of defraudation is not indicated as KRW 34 million, the fact that there is no agreement with the victim is an unfavorable reason for sentencing, and the defendant is against himself/herself while making a confession of the crime, and the fact that he/she has not been punished by a fine due to driving of drinking around 2013 is a favorable reason for sentencing.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

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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