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(영문) 대전지방법원 2015.05.21 2014노1793

사기

Text

The appeal by the prosecutor is dismissed.

The judgment below

Of the disposition, the phrase “27,545,150 won” is changed to “27,245,150 won,” and is changed to “27,245,150 won.”

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months and 2 years of suspended execution) is deemed to be too uneasible and unfair.

2. The fact that the judgment amount obtained by the Defendant is about KRW 37 million in total, and that the Defendant did not agree with the victims, and that the damage has not been recovered is an unfavorable condition to the Defendant.

However, considering the following factors: (a) the Defendant reflects his mistake; (b) the Defendant has no record of committing the same offense; (c) there is no record of criminal punishment except for the previous offense; (d) the relationship with the victim C at the time of borrowing money from the victim C; (c) the Defendant’s health condition at the time of borrowing money from the victim C; and (d) various sentencing conditions, such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the scope of recommended sentence according to the sentencing guidelines of the Supreme Court in the sentencing guidelines of the Sentencing Committee, with respect to the instant crime, is not more than one year and six months from six months of imprisonment with prison labor, not more than one year and six months of imprisonment; (d) the general fraud type 1 (less than 100 million won); (e) the scope of recommended sentence (basic area); (e) the suspension of execution is possible; and (e) the main positive factors (where there is a substantial small scale of damage), major adverse factors (unagreement); and (unagreementing execution execution, etc.

3. The prosecutor’s appeal for conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. In accordance with Article 25(1) of the Regulations on Criminal Procedure, “27,545,150 won” in the judgment of the court below shall be changed to “27,245,150 won,” and Article 333(1) of the Criminal Procedure Act shall be corrected to delete “Article 33(1)”