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(영문) 대구지방법원 2019.10.11 2019노2216

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (four months of imprisonment) is too unhued and unfair.

2. The judgment of this case is recognized that the defendant deceivings the victims, thereby deceiving them total of 36 million won, and that the amount is not much, and that the crime is not bad, and that it has not yet been agreed with the victims.

However, the defendant recognized the crime of this case and reflects it, and this case takes into account the case in which the judgment of three years of imprisonment was made on June 26, 2017 and the case in which the latter concurrent crimes of Article 37 of the Criminal Act are to be judged at the same time. The established crime of this case is similar to the applicable law of this case, and the amount of the defraudation exceeds KRW 198 million, and it is recognized that the defendant had no criminal record prior to the instant case.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.