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(영문) 대전지방법원 2020.04.22 2019노1288

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal, even though the Defendant, who has been punished several times due to the crime of the same type of fraud in this case, obtained a total of 22 million cost against the victim by deceiting a considerable amount of money of 19 times in total, it is unreasonable for the lower court to have too unwritten evidence from the victim (one six months of imprisonment and two years of suspended execution).

2. In light of the judgment, the circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment at the court below. The defendant committed the crime in this case while recognizing the fact of the crime in this case, and there is no record of having been sentenced to the punishment, and the defendant paid a total of 9 million won for the victim up to the trial, as well as a total of 9 million won for the victim up to the trial, and the health condition is not good, and other factors of sentencing in this case including the defendant's age, character, character, environment, background, means and consequence of the crime, etc., it cannot be recognized that the sentencing judgment by the court below is too unfeasible and it exceeded the reasonable scope of discretion.

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