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(영문) 대구지방법원 2013.11.29 2013노3156
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is unreasonable.

2. It is recognized that the crime of this case was committed in a systematic and organized manner with other accomplices, and thus the nature of the crime is not good, that the defendant was involved in the crime of this case while being tried for the crime of fraud committed around November 12, 2010, and that the amount of damage was 50 million won and was not recovered from damage.

However, considering the following circumstances: (a) the Defendant’s confession of the instant crime, and the Defendant cannot be readily concluded to have obtained economic benefits through the instant crime; (b) fraud and the instant crime, which the Defendant had already been punished, could have been tried together in relation to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act; and (c) the motive, means and methods of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable and unreasonable.

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.

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