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(영문) 대구지방법원 2013.09.06 2012노3532
사기
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (ten months of imprisonment and two years of suspended execution) is too unfluent and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. The judgment of the court below is taking the attitude of the defendant to make a confession and reflect on the crime of this case in this case. In this case, the defendant continued to engage in G and money transactions in order to obtain the difference by promising 10% per month to the victims of this case, and it does not seem that the defendant had a conclusive intention to acquire the victims' money. In this case, the defendant is a primary offender who has no record of criminal punishment, and there are many victims due to the crime of this case and the amount of damage are not only a large number of victims due to the crime of this case, but also there are no possibility of criticism because they do not recover damage, and there are no little concerns for criticism, and other unfavorable circumstances such as the defendant's age, character and environment, environment, motive and consequence leading up to the crime of this case, the method and consequence of the crime, the scope of sentencing guidelines for the crime of this case including recommendation [where there are too many kinds of crimes of fraud, fraud, incomplete punishment or punishment for less than 10 million won, the standard of punishment or punishment for the crime of this case.

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