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(영문) 대전지방법원 2014.03.27 2014노127
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. The crime of this case is determined by deceiving that the defendant would be able to obtain a large amount of profit from the sale of grain to 4 victims who have a close-friendly relationship. It is not appropriate to apply the Act to the crime of this case as a case of deceiving 2 victims who come to know of their social status in the flight life due to the escape of the defendant, and receiving money several times under the pretext of job placement or cancellation of a real estate development restriction zone under the pretext of the victim's children's job placement or real estate development restriction zone. The amount of damage in this case exceeds 20 million won, large amount of damage in this case exceeds 20 million won, and there is no way to actively endeavor to repay damage. Nevertheless, it is recognized that the defendant had a record of criminal punishment for the same kind of crime even before and after the defendant was sentenced to the punishment. However, considering the fact that the defendant's mistake is divided and self-denunciation, the defendant's health is not good, considering the defendant's age, character and behavior, environment, motive, means, and result of the crime, etc., it is unreasonable.

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

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