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(영문) 대구지방법원 2016.07.06 2015노5204
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (crime 1: fine of one million won as stated in the judgment of the court below, and crime 2 and 3 as stated in the judgment of the court below: Imprisonment with prison labor of eight months and suspended execution of two years) is too unfluent and unfair.

2. The judgment defendant has been subject to punishment several times, including one punishment for the same kind of crime, and has committed fraud against the victim C without being aware of it during the period of repeated crime.

However, the Defendant appears to have lived in prison for three months as a result of the instant crime, and committed fraud against the victim C, and the amount of damage is not significant in the case of fraud against the victim C, and has reached an agreement with the victim C. In addition, the Defendant paid a part of the amount of damage to the victim G and paid the amount of damage to the victim L in full.

In addition, in full view of the defendant's age, sex, environment, motive, means and consequence of the crime, various sentencing conditions such as the situation before and after the crime, it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

3. The appeal by the prosecutor of the conclusion 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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