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(영문) 창원지방법원 2014.02.06 2013노1828
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of suspended execution in six months of imprisonment, and eight hours of social service) is deemed to be too uncomfortable and unfair.

2. It is recognized that there is no circumstance that the Defendant, by fraud, did not enter into a total of KRW 20 million, and that the Defendant faithfully endeavored for the recovery of damage up to the trial.

However, in full view of the following factors: (a) the Defendant recognized each of the crimes in this case as a whole and reflects the Defendant’s mistake in depth; (b) the Defendant did not have any record of other crimes except for the Defendant who was punished once on ten years prior to the charge of forging private documents; (c) the relationship with the victim; and (d) the Defendant’s age, character and conduct, intelligence and environment; (d) the motive, background, means, methods and consequence of the crime; (e) criminal records; and (e) the relationship with the Defendant; and (e) the circumstances before and after the crime, etc., the Prosecutor’s assertion of unfair sentencing is without merit

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

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