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(영문) 대구지방법원 2016.07.14 2016노1778
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one and half years of imprisonment) by the lower court is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. The judgment of the Defendant is the primary offender who had no particular criminal record prior to each of the instant crimes, and the fact that the Defendant recognized each of the instant crimes and reflected his mistake is favorable to the Defendant.

On the other hand, each of the crimes of this case committed by the defendant is a situation unfavorable to the defendant, such as the fact that the defendant acquired money from several victims over a period of about four years, and that the amount of the fraud also reaches about KRW 270,000,00,000, and that the defendant was unable to recover from damage caused by each of the crimes of this case.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is deemed to be appropriate as a punishment within the scope of the discretion of sentencing.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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