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(영문) 의정부지방법원 2014.06.13 2014노270
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the court below that the defendant committed fraud against many unspecified persons, and that the defendant was sentenced to a suspended sentence of six months on January 30, 2013, and that the defendant was sentenced to a suspended sentence of two years on the grounds of occupational embezzlement on January 30, 2013. Although the crime of this case was committed in the course of the suspended sentence, there are circumstances, such as the fact that the defendant led to the confession of the crime of this case and the entire amount of damage was discharged, taking into account all other circumstances, including the defendant's age, character, conduct, environment, occupation, and details leading to the crime of this case, and the circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair as it is too unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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