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(영문) 대전지방법원 2016.12.01 2016노522
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a form of fraud against victim C and D: fine of 7 million won: the remaining frauds: imprisonment with prison labor of one year and six months; three years of suspended execution) of the lower court against the Defendant is unreasonable.

2. The judgment of the court below that the victim of the crime of this case was majority and the amount of damage was not significant, the defendant submitted documents to the effect that the above victim does not want to be punished by the defendant at the court below but want to be punished by the defendant on the ground that the defendant does not comply with the repayment promise at the court below, and that the defendant was punished by fraud, etc., the defendant agreed that the defendant was disadvantageous to the defendant, but the victim D,O, N, and deposited KRW 10 million for the recovery of damage of the victim C, each fraud against the victim C and D should consider equity with the case where the victim was tried at the same time as the crime of the judgment of the court below became final and conclusive, and the defendant's age, character and behavior, environment, motive, crime, means and consequence, the defendant's punishment against the defendant is too uneasible, and the prosecutor's assertion of unfair sentencing is not justified.

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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