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(영문) 대구지방법원 2014.06.26 2013노4052
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the fact that the Defendant committed fraud on 11 occasions by taking advantage of a pro-friendly relationship with the victim is not good enough to commit such crime (two years of suspended execution of imprisonment for eight months, and eight hours of community service).

2. Although the crime of this case is not less than the nature of the victim because the amount of damage to the victim is not significant, the crime of this case is less severe than the nature of the crime. However, the defendant's wrong and reflects the defendant's wrong, and the crime of this case seems to be relatively weak in the degree of deception, and the defendant's decision to repay the amount of 33 million won out of the amount of fraud to D's personal rehabilitation procedure, which is the husband of the defendant, in favor

In full view of such circumstances, the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the pleadings, it cannot be deemed that the sentence imposed by the lower court is too unjustifiable 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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