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(영문) 부산지방법원 2018.10.26 2018노2144
사기
Text

The prosecutor's appeal is dismissed.

The defendant shall be 60,00 won by fraud to the applicant S. and the applicant M.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of imprisonment for a period of eight months, observation of protection) is too unfford and unfair.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, the lower court’s sentencing was too unfluent and so, exceeded the reasonable scope of discretion.

It does not appear.

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 grounds that the appeal by the prosecutor is without merit. Pursuant to Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc., the defendant shall be ordered to pay 60,000 won by defraudation to the applicant S, 550,000 won by defraudation to the applicant M, and a provisional execution is to be imposed in accordance with Article 31 (3) of the same Act.

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