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(영문) 창원지방법원 2017.02.16 2016노3357
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment, confiscation) is too unfased and unreasonable.

2. We examine the judgment, and the fact that the defendant committed a crime over 137 times in total, and the amount obtained by defraudation is about 82 million won, and that there are two criminal records in the same kind of crime, which are disadvantageous grounds for sentencing, and are contrary to the confession of the crime, and that the victim Q and D agreed with the victim Q and D, and paid approximately KRW 32 million out of the amount of damage is favorable reasons for sentencing.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

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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