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(영문) 대전지방법원 2015.10.07 2014노2710
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. The fact that the victim is trying to punish the defendant, that the defendant has been sentenced once to a sentence due to the same kind of crime, once to a suspended sentence, and that he/she has been sentenced to a fine is disadvantageous to the defendant.

However, it is favorable to the defendant that the defendant led to the crime of this case and reflects his mistake, that the amount of defraudation (as approximately KRW 2,310,00) is not significant, and that the defendant deposited KRW 3 million for the victim.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

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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