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(영문) 대구지방법원 2016.09.09 2015노1062
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years of suspended sentence in one year and six months) on the summary of the grounds of appeal is too unfased and unreasonable.

2. The crime of this case is a case where the defendant forges documents in several names by operating a mobile phone sales store or working at such store and by using them, defrauds the amount equivalent to the mobile phone price and the fee for the use of the mobile phone by obtaining the mobile phone from another mobile phone sales business operator, and embezzled the price of approximately KRW 32 million by arbitrarily disposing of 31 mobile phone from another mobile phone sales business operator, and embezzled the price equivalent to KRW 32 million. Although the amount of damage caused by the crime of this case and embezzlement is reasonable, there is no agreement with the victims up to the trial. However, even though the amount of damage caused by the crime of this case and embezzlement is reasonable, there is no reason to believe that the defendant is against the wrong act while making a confession of each crime of this case, it is hard to say that the defendant lives faithfully, such as obtaining various qualifications after completing a vocational training program, it is favorable to the defendant's age, sex, environment, the defendant's sex, circumstances, motive and circumstances leading up to the crime of this case, and there is no reason to impose punishment after considering all the aforementioned circumstances.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure). However, under Article 25(1) of the Rules on Criminal Procedure, “the pertinent Article on the criminal facts of 1.0” column of “Article 231 of the Criminal Act on the criminal facts of 1.0 and the choice of punishment (Article 234 and Article 231 of the Criminal Act), Articles 234 and 231 of the Criminal Act on the grounds that the prosecutor’s appeal is without merit, and thus, it is so decided as per Disposition.

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