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(영문) 수원지방법원 2014.10.02 2013노6314
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The judgment is that the amount acquired by the defendant through the crime of this case reaches 15 million won, the fact that the defendant has no agreement with the victims, the fact that the defendant has been punished for the same kind of crime several times, etc., which is disadvantageous to the defendant, or that the defendant confessions and reflects the crime of this case, the amount of damage by each victim is not more than 3.5 million won, the victims are not more than 7.5 million won, the victims are also those who operate multiples in Ulsan-gun, Ulsan-gun, and Cheongong-gun, and the victims have an intention to attract and mediate illegal acts such as sexual traffic by strengthening the control relationship with the defendant by paying the advance payment to the defendant, and therefore, it appears that the advance payment that can be used as a means of soliciting sexual traffic, and as such, it is possible to constitute illegal consideration under civil law, and the prosecutor's argument in the judgment below is not accepted.

3. Accordingly, 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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