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(영문) 대전지방법원 2015.12.10 2015노1440
사기
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months and 2 years of suspended execution) is deemed to be too uneasible and unfair.

2. In light of the fact that the Defendant repeatedly committed the instant crime against many unspecified victims, the Defendant’s liability for such crime is not easy, and the fact that he/she was punished for the same kind of crime is disadvantageous.

However, there are extenuating circumstances, such as the fact that the defendant has divided and reflected his mistake in depth, the agreement with the victims or deposited the amount of money acquired for victims, and the fact that there has been no record of criminal punishment exceeding the fine up to now, etc. The scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Supreme Court Sentencing Committee, the crime group of fraud, the type 1 (less than KRW 100 million), the special scams (in cases where punishment is not imposed or considerable damage has been recovered, / the case where punishment is not imposed or considerable damage has been recovered for an unspecified or large number of victims), the decision on the recommended area, the scope of the recommended sentence (basic area), the scope of the recommended sentence ( June 1 and June 6), the execution period is also a major pride and pride element that can be suspended: The fact that considerable damage has been recovered, and in full view of all the various sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence, and circumstances after the crime, it is too unreasonable.

3. The appeal filed by the prosecutor with the conclusion is groundless, 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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