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(영문) 대구지방법원 2015.03.13 2014노4819
사기
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and four months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination as to the prosecutor's and the defendant's assertion that all of the crimes of this case were committed, the defendant is against each victim's interest while making a confession of all of the crimes of this case, the number of damages to each victim cannot be deemed to be excessive (a total of 5 million won), the circumstances that are favorable to the defendant's health condition, such as the fact that each crime of this case is committed by deceiving the victims of money by pretending to deliver goods, etc. on the Internet, and it is not good that the number of crimes of this case is less than 50 times for 3 months, and there is no record of punishment for each victims at least 10 times for fraud (including two times for actual crimes), and there is no record that the defendant has already been punished more than 10 times for fraud, and there is no reason that the defendant was sentenced to imprisonment for one year for a same kind of crime, and there is no other unfavorable circumstance that the court below committed each of the crimes of this case against each of the crimes of this case, including the defendant's age, the motive and condition of punishment for each of this case, etc.

3. In conclusion, since the appeal by the prosecutor and the defendant is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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