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(영문) 대전지방법원 2016.04.29 2015노4121
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants (one year of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. The instant telephone financial fraud crime was committed against many unspecified persons in a systematic, planned, and repeated manner, and is not highly harmful to society.

However, in full view of the following facts: (a) Defendants A and B have no record of being subject to punishment exceeding the fine; (b) Defendant C has no record of being punished in Korea; (c) the total amount of damage from fraud was less than ten million won; (d) the Defendants agreed with the victims in the lower court; (b) the Defendants’ age, sex, environment, motive, means and consequence of the crime; and (c) various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances before and after the crime; and (d) the scope of the recommended sentencing guidelines established by the Supreme Court sentencing committee (one year to two months) and the scope of the recommended sentence pursuant to the sentencing guidelines established by the Sentencing Commission, the sentence of the lower court cannot be deemed unfair, as it is excessively unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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

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