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(영문) 수원지방법원 2017.10.23 2017노5377
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unfasible to the sentence imposed by the court below on the defendant (ten months of imprisonment).

2. Each of the instant crimes committed by the Defendant, by forging and using a mobile phone service contract, a credit card member subscription application, loan application, etc. by gathering personal information of C, one’s own household life, for a long period of up to three years, is false in light of the content and result of the relevant crime, and the amount of damage, etc.

In addition, the damage caused by each of the frauds in this case was not recovered.

On the other hand, however, the defendant shows the attitude of reflecting all his mistake, and the defendant has no record of criminal punishment or criminal punishment of suspension of qualification or higher for the same crime.

Considering the circumstances unfavorable or favorable to the defendant as above, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the prosecutor's assertion above is without merit, since the sentence imposed by the court below is too uneasible and it does not seem unfair.

3. In conclusion, 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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