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(영문) 대전지방법원 2015.05.21 2015노702
사기등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months) of the original judgment is too unreasonable.

2. A reasonable circumstance is that the Defendant committed the instant crime in order to raise the hospital expenses and living expenses of his/her family members, such as the fact that the Defendant’s mistake is deeply divided and reflected in his/her depth, the fact that he/she appears to have good health conditions of his/her mother and wife supported by the Defendant, and that he/she appears to have committed the instant crime.

However, the crime of this case was committed by acquiring or deceiving a large number of money from 10 job seekers who were in an imminent situation with the help of the defendant to find a job. In light of the nature of the crime, fraud amount, etc., the crime of this case was committed by the defendant, the defendant committed the crime of this case under the same multiple methods at the same time during the suspension period of execution due to the same kind of crime, the damage has not been recovered, and there is no change in circumstances that will change sentencing after the decision of the court below was made. The crime of this case is committed under the sentencing guidelines established by the Supreme Court sentencing Commission, and it is unfair for the court below to reverse the lower court by comprehensively taking into account all the circumstances such as the scope of recommendations for the crime of this case according to the sentencing guidelines established by the Sentencing Commission, types 1 (100 million won), special types of fraud, determination of the recommended area, determination of the recommended area (basic area), the scope of recommendation sentence (6 to January 6), the scope of recommendation sentence (limited to the lower court).

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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