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(영문) 대전지방법원 2014.08.21 2014노1499
사기
Text

Defendant

All the appeals filed by the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The sentence of the court below (one year and six months of imprisonment) is too unreasonable.

The sentence of the court below by the public prosecutor is too unhued and unfair.

Judgment

The crime of this case is committed by acquiring the proceeds from 46 victims repeatedly by means of false writing that the defendant sells used meat and static meat equipment, etc. on the Internet's trading site. In light of the Criminal Procedure Act and the frequency of the crime, the nature of the crime is very heavy, the total amount of damage is KRW 887,000,000, not agreed with the victims, and the damage is not recovered, and the defendant has a record of criminal punishment for the same kind of crime.

However, in full view of the following factors: (a) the Defendant led to the entire crime of this case to the commission of the crime of this case; (b) the Defendant has no record of being sentenced to punishment for the last ten years; (c) the Defendant has to support the Defendant; (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) various conditions of sentencing, such as the Defendant’s age, character and conduct, environment, motive and consequence of the crime; and (e) the scope of the recommended sentence according to the sentencing guidelines set by the sentencing committee of the Supreme Court; (b) fraud crime group; (c) general fraud; (d) special aggravation factor (in the event of a crime against a specific or a large number of victims or repeatedly committed during a considerable period of time); (e) the decision area of recommendation (a) and the scope of recommendation (1 to 2 years6)

In conclusion, since the defendant and the prosecutor's appeal are without merit, they are all dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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