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(영문) 대구지방법원 2014.01.15 2013노3732
사기
Text

The defendants' appeal is dismissed.

The defendants are in the first instance court 2,80,000 won and the second instance court.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (one year of imprisonment with prison labor for the defendants A and eight months of imprisonment for the defendants B) declared by the court below to the defendants.

2. Although there are extenuating circumstances such as the Defendants’ confessions and reflects the instant crime, the instant crime was committed by deceiving the Defendants to sell a master book or a house for infant use, and thus, the crime was extremely poor in quality by deceiving 112 victims of the short term. Defendant A, who was sentenced to imprisonment with prison labor for six months on April 26, 2012, was committed by the same veterinary method, and was sentenced to imprisonment with prison labor for six months on July 10, 2013, and was released from the crime of this case from July 12, 2013 to April 11, 2013. Defendant B was sentenced to a suspended sentence of imprisonment with prison labor for four years on April 11, 2013, and did not have been able to recover from the crime of this case until the end of the suspended sentence.

In addition, considering all the sentencing conditions, such as the Defendants’ age, character and conduct, environment, family relationship, motive, means and method of the instant crime, and circumstances after the crime, the lower court’s sentence to the Defendants is too unreasonable. Thus, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. The application for remedy order by AB, Q and AS, an application for remedy order filed at the trial, shall be accepted in accordance with Articles 25(1) and 31(1), (2), and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and the application for remedy order by AL, an application for remedy order filed at the trial, shall be accepted after the closing of the trial, and it is inappropriate to

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