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(영문) 대전지방법원 2020.09.02 2019노2712
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal in light of the following: (a) the Defendant, who had been punished several times for a crime of fraud, such as this case, committed each of the instant crimes without being involved in the suspended execution, and the risk of repeating a crime is good; and (b) the Defendant evades liability consistently by the justification even though the amount of damage exceeds KRW 900 million; and (c) the method of the commission of the crime is very poor, it is unfair that the lower court’s punishment (two years of imprisonment, four years of suspended execution, and community service order) is too unreasonable.

2. We examine the judgment, and consider the above circumstances asserted by the prosecutor in the court below as being sufficiently considered in determining the punishment, and considering the circumstances that may be considered in light of the circumstances leading to the instant crime, and the victims are not subject to the punishment of the Defendant by agreement with the victims, etc., it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion because the sentencing of the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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