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(영문) 수원지방법원 2015.12.18 2015노4261
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, three years of probation, three hours of probation, and one hundred and twenty hours of community service order) that the court below sentenced is deemed to be too uncomfortable and unfair.

2. The total amount of damage in this case exceeds KRW 200 million, and the nature of the crime is likely to be poor in light of the method of the crime by deceiving the victim by abusing qualification.

However, the lower court also reflected the fact that the victim has certain responsibility for the occurrence of crime or the expansion of damage, the victim C does not want the punishment of the defendant, and the other victim has been partly recovered from damage, as the sentencing mitigation factors, and determined the punishment.

In comparison with the evidence of this case, the court below's reasons for sentencing shall be examined closely with the evidence of this case, and the defendant has no criminal record exceeding the same criminal record or fine; the defendant additionally deposited money for the victim who has not been agreed upon in the court; and other various conditions of sentencing, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., are taken into account, it cannot be deemed that the sentence of the court below is too

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

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