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(영문) 대전지방법원 2014.09.04 2014노1716

사기

Text

Defendant

All the appeals filed by the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The sentence of the court below (eight months of imprisonment) is too unreasonable.

The sentence of the court below by the public prosecutor is too unhued and unfair.

Judgment

The crime of this case is committed by deceiving the victims who are the parents of students by deceiving them in a serious financial crisis, and is not very good to commit the crime of this case, and the amount of fraud is not specified, and the defendant has escaped abroad after committing each of the crimes of this case.

However, in full view of the following: (a) the Defendant confessions all of the instant offenses; (b) there is no record of criminal punishment against the Defendant for the same offense; and (c) the commission of each of the instant offenses was committed in 2002 and the actual difficulty of the Defendant to agree with the victims; and (d) other factors of sentencing, such as Defendant’s age, character and conduct, environment, motive for crime, circumstances after crime, etc.; and (c) the scope of the recommended sentence according to the sentencing guidelines set by the sentencing guidelines of the Sentencing Commission; (d) fraud group; (e) general fraud; (e) type 1 (less than KRW 100 million); (e) decision on the recommended area; and (e) the scope of the recommended sentence (basic area); etc., the sentence of the lower court is too heavy or un

In conclusion, since the defendant and the prosecutor's appeal are without merit, they are all dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.