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(영문) 대전고등법원 (청주) 2013.06.13 2013노69
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (two years of imprisonment) against the Defendant against the gist of the prosecutor’s grounds of appeal is too uncomfortable.

2. The fact that the crime of this case was committed by deceiving the victim with a considerable amount of money for a long time, which is not good to the nature of the crime, and that the damage was almost not restored except for part of the money paid by the defendant to the victim as interest, etc. is disadvantageous to the defendant.

However, considering the fact that the defendant recognized the crime of this case and reflected against it, the defendant was sentenced to six years of imprisonment with prison labor due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) committed at a time similar to the crime of this case, and it is necessary to consider equity in the case of being judged simultaneously with the above violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, and other factors of sentencing as shown in the arguments, such as the contents and circumstances of the crime of this case, age, character and behavior, occupation, home environment, etc., the sentence of

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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.

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