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(영문) 대구지방법원 2013.05.30 2013노112

사기

Text

The prosecutor's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and 80 hours of community service) declared by the court below is too unfased and unreasonable.

2. The judgment of the defendant has the record of having been punished several times for the same crime (actual punishment and fine), and the crime of this case is not less than 23 million won by deceiving the victims as if he received the overdue wages.

However, the defendant paid part of the amount acquired by deceit to victims and agreed with the victim B and D, and the crime of this case is divided and reflected.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the application for compensation is already made by the applicant for compensation, and it is so decided as per Disposition by the decision of dismissal under Articles 32 (1) 3 and 25 (3) 4 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., since the applicant for compensation has already a right