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(영문) 대전지방법원 2015.05.21 2015노734
사기등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for 10 months) of the original judgment is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is deeply divided and reflected in his/her depth; (b) the primary offender who has no record of criminal punishment; and (c) some of the acquired money appears to have been returned to the victims.

However, since the crime of this case was committed by the defendant without delay against many unspecified victims, it was committed by deceiving him that he would deliver the proceeds to a large number of unspecified victims, the crime of this case is inferior to the nature of the crime, the liability for the crime is also heavy, the victim did not agree, and there is no change in circumstances to change the sentencing after the decision of the court below, and the sentencing is not changed after the decision of the court below was made. The scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Sentencing Committee established by the Supreme Court is not less than 6 months of imprisonment, the crime of this case, the group of fraud, the types 1 (less than KRW 100,00), the special types of fraud, the decision of the recommended area, the scope of the recommended sentence (basic area), the scope of the recommended sentence (6 months to 6 months): The final sentencing guidelines is in conflict with the Act on the Regulation of Unauthorized Receipt of Goods Receipt, which is not applied for not less than 6 months, the court below's decision is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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