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(영문) 대전지방법원 2014.08.12 2014노548

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (eight months of imprisonment, two years of suspended execution) is deemed to be excessively unhued and unreasonable.

B. The sentence imposed by the lower court is excessively unreasonable.

2. The fact that the defendant agreed with the victim to pay a certain amount every month and seems to have been smoothly being carried out, and that the defendant must raise his children as a recipient of basic living security is favorable to the defendant.

However, in light of the Criminal Procedure Act, the crime of this case is not committed by the defendant while working as the outside of the island, and the purchase application is filed by stealing personal information of the persons who do not sell books in a normal way, and as if the price of the book is paid, by deceiving the victim as if he would be paid the price of the book, and the total amount of the money obtained by deceit is not more than 50 million won. The total amount of the crime of this case is not more than seven times, and the defendant has a variety of criminal records, such as the age, character, character, environment, motive, means and consequence of the crime, and the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc.,

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.