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(영문) 수원지방법원 2020.02.13 2019노7239
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unhued and unreasonable.

2. The crime of this case is determined based on the following circumstances: (a) the Defendant deceivings victims over 17 times, defrauds them total of KRW 3,08,00 as the price for goods; (b) promised to receive compensation; and (c) lent a physical card connected to the account held in the name of the accused to the names of the accused; (c) in light of the content of the crime and the method of the crime, the crime is considerably poor; (d) the Defendant’s lending card was actually used for the scaming crime; and (e) there was a history of criminal punishment against the Defendant several times due to frauds under the same law; and (e) the Defendant began to commit the crime of this case only one year after he was released from the office by means of fraud, habitual larceny, etc.; (c) it is deemed that the sentencing of the lower court has already been considered.

In addition, in full view of the circumstances such as the confession of the instant crime and the Defendant’s mistake against their depth, the damage to the fraudulent crime is not significant, the Defendant agreed with or repaid the amount of damage to some victims, the means of access leased by the Defendant is merely one, the Defendant appears to have committed the instant crime due to economic difficulties, etc., and the equity in sentencing with the same and similar incidents, as well as other sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and background, means and consequence of the instant crime, and the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is unreasonable as it is too unreasonable.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal 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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