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(영문) 대구지방법원 2018.07.20 2018노1818
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (a year and six months of imprisonment, confiscation, and compensation order) is too unhued and unfair.

2. The instant crime was involved by the Defendant in the so-called “singishing,” and such an offense requires not only the method of committing the instant crime but also the person who is too large in social prejudice.

In addition, it is recognized that the total amount obtained by the defendant is about KRW 37 million, the victims' damages have not been recovered, and the defendant has not received any brupt from the victims.

However, it is also recognized that the defendant recognizes his mistake and reflects all of his mistake, that is the first offender who has no criminal history, and that the family members of the defendant want to take the lead of the defendant, and that the defendant want to take a preference against the defendant.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.

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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