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(영문) 수원지방법원 2019.10.17 2019노3876
사기
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of this case is deemed to have been committed by deceiving a victim even though the defendant did not have the intent or ability to pay the price, and acquired the goods equivalent to KRW 145,135,500 by deceiving the victim. The criminal act of this case is deemed to have been committed with heavy criminal liability, such as the method and content of the crime, the number of damages, etc., and even though a considerable period has elapsed after the crime of this case, there is no trace of efforts made by the defendant for the recovery of damages. However, it is deemed to have been already

In addition, considering the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; and (b) the need to determine punishment in consideration of equity in sentencing with the cases of the same and similar types of crimes in which the instant crime and the judgment of the lower court became final and conclusive at the same time; and (c) comprehensively taking into account the equity in sentencing with the cases of the same and similar types of crimes; and (d) the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence; and (e) the circumstances after the commission of the crime, the lower court’

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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