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(영문) 대구지방법원 2016.01.28 2015노4934

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal (one year of imprisonment) by the lower court is too unfilled and unreasonable.

2. Although the amount of damage caused by the instant crime of fraud exceeds KRW 130 million, it is not possible to recover damage up to the depth of the party, and it did not reach an agreement with the victim.

Even before the crime of this case was committed, it is recognized that even if the defendant had been sentenced to punishment for fraud, it is necessary to strictly punish the defendant by committing the crime of this case.

However, the defendant recognized the error of the crime of this case and is in profoundly against it.

In the instant crime, the principle of equity should be taken into account in the final and conclusive judgment of the Defendant who was sentenced to six years of imprisonment with prison labor and in the relationship between the latter and the latter part of Article 37 of the Criminal Act.

In addition, in full view of the motive and background leading up to the instant crime, the circumstances after the instant crime, and all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, family relationship, etc., the sentence imposed by the lower court cannot be deemed unfair because it is too unfasible.

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.

참조조문