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(영문) 대구지방법원 2015.08.18 2014노3572
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The crime of this case was committed in multiple ways by the Defendant, who committed the act as an employee, or sought an employee to perform the act together, and the Defendant acquired money from the victim under the name of prepaid money, etc., and had been punished several times, including the same type of punishment for fraud, even before the crime of this case was committed.

It is recognized that the strict punishment of the defendant is necessary because it does not reach the recovery of damage or the agreement with the victim up to the trial.

However, the defendant has not committed a second offense, reflecting the mistake of crime in depth.

In the instant case, comprehensively taking into account the circumstances leading to the instant case including the amount acquired by the Defendant, and all the sentencing conditions as shown in the records and pleadings, such as the age, character and conduct, and environment of the Defendant, it cannot be said that the sentence imposed by the lower court is too uneasible and unreasonable.

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

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