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(영문) 창원지방법원 2016.07.14 2016노1030
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unhued and unreasonable.

2. In light of the judgment, it is recognized that the crime of this case was obtained by deceiving public funds through the forgery of documents, etc., and the crime of this case is highly likely to be committed, and thus, did not recover from damage.

However, in full view of the facts that the defendant led to the confession of the crime, that there is no criminal conviction or fine exceeding the same criminal record or fine, that there exists a separate principal offender who served as a key role such as planning the crime and providing forged documents, that the actual profit amount of the defendant in the amount of fraud is merely 16 million won, and all other matters concerning the defendant's age, sex, environment, and other sentencing as shown in the records and changes of this case, the prosecutor's argument is without merit, and therefore, the prosecutor's argument is without merit.

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

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