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(영문) 대전지방법원 2015.04.08 2015노250
사기등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment of Defendant A, and fine of KRW 700,000, and fine of KRW 300,000) that the court below sentenced against the Defendants is unreasonable because it is too unfasible.

2. Determination

A. The fact that the amount of fraud by Defendant A is a very large amount, the fact that Defendant A acquired money against several victims during a considerable period, the fact that damage caused by fraud has not been restored to a considerable part, the fact that S filed a false complaint as if S raped Defendant on the ground that Defendant was accused of the crime of bodily injury, and the fact that there was a history that Defendant was sentenced to punishment for fraud around 199, is disadvantageous to Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant led most of the instant fraud crimes and reflects his mistake in depth, the fact that the sum of 600 million won is paid to the victims of the crime of fraud, the fact that the damage caused by the crime of bodily injury is minor, and the victim S is also partly responsible for the occurrence of damage, and the fact that there is no criminal record after being punished as the crime of fraud in around 199.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

B. The fact that the amount obtained by deception (30 million won) of Defendant B is not much certain is unfavorable to the Defendant; however, the victim received reimbursement for the above KRW 30 million (30 million). The fact that there is no criminal history against the Defendant is favorable to the Defendant. The circumstances and motive leading up to the instant crime, the circumstances after the commission of the crime, and the circumstances after the commission of the crime.

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