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(영문) 대구지방법원 2014.04.17 2013노2989
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the purport of the Reasons for Appeal, in light of the fact that the crime of this case is not good, such as consuming the amount of damage caused by the crime of this case which is heavy and the amount of defraudation for personal purposes, etc., the punishment sentenced by the court below (two years of imprisonment and three years of suspended execution) is too uneasible

2. The fact that the victims suffered a significant amount of damage, and that the crime of this case is closely and planned to commit the crime by committing the crime of investment funds fraud, and that the crime of this case is not suitable for the quality of the defendant, and that considerable part of the money acquired by deception seems to have been consumed for personal purposes, are disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and seriously reflects the defendant, that the victims seek a preference against the defendant by mutual agreement with the victims, and that the suspension of indictment was taken due to fraud, and that the defendant has no same criminal record.

In full view of the above circumstances, such as the character, conduct, environment, etc. of the defendant, as seen above, since the punishment imposed by the court below against the defendant cannot be deemed unfair because it is too uneasible, the prosecutor's assertion as above is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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