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(영문) 서울중앙지방법원 2020.02.13 2019노3790
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and confiscation) that the court below rendered is too uneasible and unfair.

2. The Defendant, throughout 13 times, stolen property equivalent to KRW 8,359,00, and acquired all property or pecuniary gains equivalent to KRW 5,744,700 through 12 times, and attempted to acquire property or pecuniary gains equivalent to KRW 2,960,00 on one occasion, and used stolen credit cards on four occasions.

The damage caused by each of the larceny and fraud in this case was not completely recovered.

The defendant has been sentenced to criminal punishment for four times of fine, and two times of which are identical to each of the larceny and fraud of this case.

However, by recognizing all of the crimes of this case, the defendant has shown not only cooperation in investigation but also his attitude to repent of his mistake.

There is no criminal offense beyond a fine against the defendant.

It seems that the economic situation of the defendant is not good.

In addition, even if the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, its method and consequence, etc. are added to all the factors of sentencing indicated in the records and arguments, there is no new circumstance to deem that the sentencing conditions of the court below against the defendant have been changed in the first instance court, and it is not determined that the sentencing of the court below is unfair because it goes too far beyond reasonable discretion.

Therefore, the prosecutor's above assertion is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.

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