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(영문) 대구지방법원 2014.03.14 2013노3972

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime was committed by the Defendant with the victim C, and the Defendant acquired a total of KRW 434,922,00 from the victims who were the victims C and their siblings for two years, and the crime was not good, and the Defendant did not completely recover from the victims even before the trial.

On the other hand, the actual amount of damage of victims caused by the instant crime, such as payment of approximately KRW 200 million to victims C during the commission of the instant crime, seems not to reach the above amount of fraud, and the fact that the Defendant led to the confession of the crime and reflects the mistake is favorable.

In addition, considering all the sentencing conditions, such as the defendant's age, character and conduct, environment, criminal records, and circumstances after the crime, the court below's punishment is too heavy or unreasonable. Thus, each of the above arguments by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.