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(영문) 부산지방법원 2013.10.10 2013노2514
사기
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (one year of imprisonment) is too unhued and unfair.

Judgment

In light of the following circumstances: (a) the sum of the fraud amount of this case exceeds KRW 130 million; (b) the Defendant denied the criminal intent of defraudation up to the court of original judgment; (c) the Defendant was unable to recover or reach an agreement on the damage of the victim up to the trial; and (d) the victim was attempted to punish the Defendant; (c) the Defendant was committed in a manner unfavorable to the Defendant; (d) the Defendant committed the crime of this case; (c) the Defendant has not been punished for the same crime; (d) the Defendant has no record of being punished for the same crime; and (e) there was no record of punishment exceeding the fine; and (e) the motive and circumstance of the crime of this case, the circumstances after the crime, the Defendant’s age, character and conduct, and environment, etc.; and (e) taking into account various circumstances that form the conditions of sentencing specified in the records and arguments of this case, it cannot be deemed unfair to deem

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

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