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(영문) 대전지방법원 2014.05.22 2013노2862

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) by the court below is unreasonable.

2. The criminal facts of this case are the case where the defendant acquired 29 million won through 13 times from the victim, and the amount of the money acquired is not much sufficient, and the defendant borrowed money from the victim to borrow money for gambling, etc. is not good.

However, it appears that the defendant had no previous convictions for the defendant, except for the previous convictions of imprisonment for a period of 50 years prior to the 50-year period of imprisonment, and the defendant has been engaged in money transactions for a relatively long period of time with the victim and has continuously repaid some of the borrowed money in an irregular manner. In full view of the fact that the defendant's age is 65 years old and health conditions are not good, and other 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., the prosecutor's allegation of unfair sentencing is without merit, since the sentence imposed

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