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(영문) 대전지방법원 2014.06.11 2013노2813
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below sentenced (one year and two months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too uneasy and unfair.

Judgment

Each of the crimes of this case is an unfavorable circumstance, such as the fact that the defendant did not have an intent or ability to make profits by running the business of selling mobile phone chips, by deceiving the victim E and C, and by deceiving the money from the victim F to acquire the pecuniary profits equivalent to the borrowed money and the taxi fares, and that the damaged amount reaches 220 million won, and the crime is inferior, the damage of the victim E and F has not been recovered, and that the defendant did not reflect his mistake up to the court below.

However, in full view of all the circumstances that are the conditions for the sentencing of this case as shown in the record, including the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, the lower court’s punishment is too unjustifiable and unreasonable, and thus, the Prosecutor’s aforementioned assertion is without merit.

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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