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(영문) 대구지방법원 2016.12.23 2016노1382
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. Although the crime of this case was committed systematically, the number of crimes is not very good, the defendant denies the criminal intent up to the trial, and the damage is not recovered, there are unfavorable circumstances such as the fact that the defendant's participation in the crime of this case was relatively heavy. On July 25, 2014, the defendant was sentenced by the Seoul Western District Court for one year and ten months for fraud, etc. on July 28, 2014, and the above judgment became final and conclusive on July 28, 2014. As such, the crime of this case should be considered at the same time in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act between fraud, etc. for which the judgment becomes final and conclusive, and the crime of this case is one of the crimes of several laws that were committed at a time adjacent to several criminal crimes where the judgment becomes final and conclusive, the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, the defendant's motive and circumstance leading to the crime of this case, etc., and all the defendant's arguments were 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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