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(영문) 서울서부지방법원 2019.01.10 2018노1269
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) of the lower court is deemed to be too untile and unfair.

2. Determination is that the defendant denies and denies some of the crimes of this case, does not reflect, does not recover damage to the victim, and the fact that the defendant has the records of the same kind of crime is disadvantageous to sentencing.

However, even though the defendant and the victim agreed to divide profits at the end of each month, they did not determine methods of dealing with the expenses of the defendant's business, and when the settlement is conducted, it is more favorable to sentencing that it is difficult to regard the amount obtained by deception and the sum of 12 million won as the actual amount of damage, considering that there is money that the defendant can claim for the victim.

In addition, comprehensively taking account of the various circumstances, such as the Defendant’s age, character and conduct, and career, the lower court’s sentencing cannot be deemed to be too minor beyond the reasonable limit of discretion.

The prosecutor's assertion of unfair sentencing is not accepted.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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