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(영문) 대구지방법원 2014.10.24 2014노1414
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. Until the trial in the judgment of the court below, there are no agreements with the victim or no damages, the total amount of damage in fraud is not more than KRW 19 million, and the nature of the crime is not good, such as forging a private document in total of seven persons, etc.; however, it is unfavorable for the defendant to recognize all of the crimes in this case and to reflect his mistake; the defendant made efforts to recover damage, such as deposit of KRW 10 million for the victim; the defendant did not have any record of punishment for the same crime; and all of the sentencing factors specified in the arguments in this case, such as the character and conduct of the defendant, the environment, the circumstances of the crime in this case, and the circumstances after the crime, etc., it is not recognized that the court below's punishment is too unreasonable. Thus, the prosecutor's above assertion is without merit.

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.

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the part of “Articles 40 and 50 of the Criminal Act (mutual between the crimes of uttering of each of the above investigation documents on December 26, 2012)” in Article 8 of the judgment of the court below shall be corrected to “Article 40 and 50 of the Criminal Act (mutual between the nominal names and the crimes of uttering of each of the above investigation documents under joint signature of December 26, 2012)” under Article 25(1) of the Rules on Criminal Procedure.

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