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(영문) 대전지방법원 2015.10.15 2015노627
사기등
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, and two years of suspended execution) is too uneased and unreasonable.

2. Determination of the amount of damage caused by each of the instant crimes exceeds KRW 200 million, and the liability for the relevant crime is grave, and the Defendant committed each of the instant crimes by using the victim’s trust, and the victim seems to have suffered mental suffering beyond monetary damage.

However, there are extenuating circumstances such as the defendant's wrongness and there is no history of criminal punishment other than twice a fine, the defendant agrees with the victim, the defendant fully pays compensation according to the agreement to the victim, and the victim does not want the punishment of the defendant. Other factors such as defendant's age, character and behavior, environment, motive, means and consequence after the crime, various sentencing conditions such as the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, and the range of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission for each of the crimes of this case is from 6 months to 6 months, and 1 year and 6 months, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission for each of the crimes of embezzlement and breach of trust is limited to 2 types (at least 100 million won, less than 50 million won), decision-making in the recommended area, the scope of recommended sentence (within 6 months to 2 years and 16 months of suspended sentence).

3. The final appeal by the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the final appeal by the prosecutor is groundless. It is so decided as per Disposition.

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