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(영문) 대전지방법원 2015.11.12 2015노140
사기
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months and two years of suspended execution) of the original judgment is deemed to be too unhued and unfair.

2. The fact that the amount of deception obtained through the instant crime was not less than 66,37,500 won, and that the Defendant was punished several times for the instant crime, and that the Defendant had a record of punishment for the instant crime, is disadvantageous.

However, there are extenuating circumstances, such as the fact that the defendant repents his mistake in depth and reflects it, the fact that the defendant committed the deception by willful negligence, the fact that the victim does not want the punishment against the defendant, and the fact that there is no record of criminal punishment exceeding the fine, etc. The scope of the recommended punishment for the crime of this case according to the sentencing guidelines established by the Supreme Court Sentencing Committee, and the scope of the recommended punishment for the crime of this case according to the sentencing guidelines established by the Supreme Court Sentencing Committee, the fraud crime group, the general fraud type 1 (less than KRW 100 million), the special person who was sentenced to punishment (not being punished, deception by willful negligence), the decision on the recommended area (special mitigation area), the scope of the recommended sentence (one to one year), the scope of the recommended sentence (one to one year), and the major pride factors of sentencing recommended by the suspension of execution. In full view of all the sentencing conditions, the sentence of the court below is too unfair.

3. The appeal filed by the prosecutor with the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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