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(영문) 대전지방법원 2017.06.15 2016노3639
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of suspended sentence in one year and six months of imprisonment) is too uneasy and unreasonable.

2. The court below held that it is difficult to prevent damage because the method of crime can not be systematically, intelligent and boomed, and it is generally difficult to prevent damage, since the crime was committed by ordinary people, and social harm caused by the crime is very serious, and the state agencies, etc. are misrepresented in the course of defraudation, thereby causing the general public to influence of the crime. Therefore, it is necessary to strictly punish the participants.

However, the defendant recognized all of the crimes of this case and is against the law.

The Defendant was responsible for the so-called withdrawal of the licensing organization, and the Defendant seems not to have led to the overall implementation of the licensing crime.

The crime of fraud in this case was committed by deceiving 15 million won from one person's damage, and the damage was not relatively large, and the defendant agreed with the investigative agency only with the victim, and the victim was in the preference against the defendant.

There is no criminal conviction for the defendant who has been sentenced to suspended sentence or for the same kind of crime, and the defendant is going to go to the military immediately after this judgment has been sentenced.

In addition, comprehensively taking into account all the sentencing conditions in the instant case, including the character, conduct, environment, and consequence of the Defendant’s crime, the lower court’s sentence against the Defendant is appropriate, and it is not recognized that it is unfair because it is too low.

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

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