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(영문) 대전지방법원 2015.06.12 2015노1353
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (2 million won of fine and 6 months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination

A. There are extenuating circumstances, such as the fact that the Defendant was not subject to ad hoc sentence, and the victim M (amounting to KRW 1,980,00) was partly damaged, and the Defendant did not want to punish the Defendant, and the Defendant agreed with the victim D (amounting to KRW 3 million), F (amounting to KRW 6 million), and J (amounting to KRW 5.6 million).

B. On the other hand, even five times of the past records of being sentenced to a fine for fraud, the Defendant committed each of the frauds listed in the judgment No. 1 while being tried for the same crime, and subsequently committed each of the frauds listed in the judgment No. 2, which was committed again only one month, even though the Defendant was placed prior to the suspension of execution due to the crime of fraud, again committed each of the frauds listed in the judgment No. 2, and forged and used the private document as a means of fraud. In light of the time of crime, method of crime, frequency of crime, amount of fraud, etc., it is inevitable to sentence

C. In addition, the lower court’s punishment is reasonable in light of all the sentencing conditions in the instant case, including equity with which the judgment was rendered simultaneously with the crime of fraud, Defendant’s age, family relationship, health status, living environment, details and result of the crime, and the circumstances after the crime.

3. The appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided

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