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(영문) 의정부지방법원 2019.03.29 2018노1081
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unhued and unreasonable.

2. The Defendant has the following disadvantageous circumstances:

The amount of defraudation of the crime of this case shall not be 25 million won.

In addition, considerable part of the damage caused by the instant crime was not restored, and the Defendant did not agree with the victim.

On the other hand, the defendant has the following favorable circumstances.

The defendant recognized the crime of this case and is against the law.

In addition, the defendant has no record of being punished for the same crime before the crime of this case, and there is no record of being punished exceeding the fine.

The Defendant repaid KRW 10 million to the victim before the judgment of the court below was pronounced, and paid the victim additional KRW 1.7 million to the victim during the trial.

Considering the above circumstances and unfavorable circumstances favorable to the defendant, and considering the background of the sentencing guidelines of the Sentencing Committee, it cannot be said that the sentence imposed by the court below against the defendant is too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. 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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