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(영문) 대전지방법원 2015.10.30 2014노3693

사기

Text

Defendant

All appeals filed by A, C and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A and C (for Defendant A, 8 months of imprisonment, 2 years of probation, 40 hours of community service, 1 year of probation, 2 years of probation, 80 hours of community service) is too unreasonable.

B. The lower court’s sentencing (as above, Defendant A, Defendant B: imprisonment with prison labor for one year, 2 years of suspended execution, and 80 hours of community service) is deemed to be too uneasible and unreasonable.

2. Determination

A. In light of the fact that the crime of this case was committed by the Defendants in collusion with the victims by deceitation of KRW 50 million from the victims under the name of the sublease deposit, and that the victims did not recover from the damage of L and M (the amount of damage KRW 50 million) and the above victims want to punish the Defendants, the Defendants’ responsibility is not less exceptionally.

B. Meanwhile, there are extenuating circumstances, such as Defendant A’s initial crime with no criminal power and Defendant B and C’s absence of previous criminal records, and the agreement with the victim E (amounted to KRW 20 million) and deposit part of the amount with the victim L.

In addition, the lower court’s punishment is reasonable in light of all the sentencing conditions indicated in the instant case, such as the Defendants’ age, family relationship, living environment, details and result of the crime, and circumstances after the crime.

3. Conclusion, Defendant A and C’s appeal and prosecutor’s appeal are without merit, and they are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.