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(영문) 대전지방법원 2013.06.13 2013노96
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment of six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order, which the court below sentenced, is too unhued and unreasonable.

2. The crime of this case is acknowledged as a crime planned using the following facts: (a) the revoked receipt for lottery purchase was made by means of a false appearance as if it was actually issued; and (b) the purchaser of lottery tickets sold it to the victim who is not aware of the fact; and (c) the crime of this case is not committed due to a planned crime using the fact that the lottery tickets purchased are not verified the authenticity

However, as a result of analyzing the sales of lottery tickets by the defendant, although many of the details of the abnormal cancellation were found, it is difficult to view that the defendant went to another crime, which was eventually prosecuted, the crime details are merely fraud and embezzlement of 50,000 won for the victim, and the prosecutor asserts that the amount of actual damage should be KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, which is the amount of the defendant's acquisition. However, in this case, it is difficult to see as argued by the prosecutor because the amount of the defendant was 50,000,000,000,000 won, as argued by the prosecutor, it is difficult to regard the defendant's negligence due to the lack of criminal records and other criminal records of the defendant, and considering all the circumstances of the crime in this case, such as the defendant's age, character, environment, means and consequence after the crime.

3. Therefore, 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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