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(영문) 대전지방법원 2015.11.04 2015노2166
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, two years of suspended execution, confiscation) that the court below sentenced against the defendant is too uneasible and unfair.

2. The fact that the defendant committed a crime against many unspecified persons, that the amount of fraud (as approximately KRW 3,167,00) is not significant, that the defendant was punished once by a fine for the same kind of crime, and that the defendant again committed the instant crime even though he was sentenced to two times of suspension of indictment, is disadvantageous to the defendant.

However, the confession of the crime of this case and reflects his mistake, and most of the victims' agreement are favorable to the defendant.

In addition to the above circumstances and motive leading to the instant crime, the circumstances after the commission of the crime, the age of the accused, character and conduct, family relationship, occupation, etc. and the conditions of sentencing as shown in the arguments and arguments, there is no change in circumstances to determine the punishment differently from the original judgment, and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Committee [the scope of the recommended punishment] general fraud [the scope of fraud [the scope of the recommended punishment] in the basic area (one to one year and six months), the basic area (one month from six months from imprisonment to one year) [the person under special mitigation] in the punishment, in the case where the victim is an unspecified or unspecified victim, the scope of the final recommended sentence according to the guidelines for the processing of multiple crimes: imprisonment with prison labor for not less than six months (the minimum limit of the recommended sentence for each fraud shall apply since each crime whose sentencing guidelines were set and each attempted attempted fraud whose sentencing guidelines were not set are concurrent crimes under the former part of Article 37 of the Criminal Act). Thus, the prosecutor's assertion of unfair sentencing is not acceptable.

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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