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(영문) 대구지방법원 2020.01.10 2019노673
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal (ten months of imprisonment), the prosecutor asserts that the punishment is too uneasible and unfair, and the defendant asserts that the punishment is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's arguments.

The fact that the defendant led to the crime of this case and that the defendant was the first offender is favorable to the defendant.

On the other hand, the crime of this case is a normal situation that is disadvantageous to the defendant, such as the fact that the crime of this case was committed by deceiving the money under the name of the employer's home study expenses, the parent's hospital expenses, etc., and the nature of the crime is not good, even though the total amount of defraudation is equivalent to about 77 million won, the damage recovery was not made up of the fact that the victim did not agree with the victim, the fact that the victim did not have been absent in the trial of the court, and that the victim escaped.

In addition, comprehensively taking account of the various circumstances, such as the Defendant’s age, character and conduct, environment, motive for committing an offense, and circumstances after committing an offense, it cannot be deemed that the sentence imposed by the lower court is too weak or unreasonable to the extent that it exceeds the reasonable scope of discretion.

Therefore, prosecutor and defendant's assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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