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(영문) 대전지방법원 2018.07.05 2017노3334

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment (six months of imprisonment, two years of suspended execution, observation of protection, and community service 80 hours) that the court below sentenced in an unfair sentence for sentencing is too uneasible and unfair.

2. The crime of this case is determined by taking account of the fact that the Defendants shared the roles of each other, and that the nature of the crime is very poor by deceiving the victim to take jobs by deceiving the victim, and that the amount of damage caused by the crime of this case is not less than 28 million won, that Defendant A led the crime of this case, that Defendant A acquired 8 million won out of the amount of damage by himself, that Defendant A has four-time criminal records, and in particular, Defendant B committed the crime of this case of this case of this case of this case of the same kind even though the same criminal records were 4 times (including other criminal records, 9 times if the same criminal records were included), and that damage has not been completely recovered from the judgment of the court, it is necessary to impose on the Defendants a strict legal liability corresponding to such act.

However, there are some favorable circumstances for the Defendants, such as the Defendants’ acknowledgement of the instant crime, the Defendants’ violation of the Criminal Act, the Defendants’ payment of KRW 18 million to the victims prior to the pronouncement of the lower judgment ( KRW 13 million to Defendant A, KRW 5 million to Defendant B), and the fact that there is no criminal record for the same kind of crime to Defendant A. Therefore, the lower court’s punishment should be maintained only once in order to provide the Defendants with an opportunity to recover the remaining damage.

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.