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(영문) 대전지방법원 2015.01.15 2014노1829
사기
Text

All the appeals by the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) against the Defendants (e.g., imprisonment of six months and one year of suspended execution) are deemed to be too uneasible and unfair.

2. The crime of this case is an unfavorable circumstance to the Defendants, in light of the fact that the Defendants conspired to commit the crime of this case by deceiving the victim as if they were to engage in the business and by deceiving the 30 million won, and the liability for the crime is not less than that of the crime in light of the amount of fraud, etc., the use of personal trust between the Defendant A and the victim, and the failure to agree with the victim until

However, there are extenuating circumstances, such as that the Defendants repented and reflected their mistakes, that the Defendants deposited a total of KRW 10 million for the victims, and that the Defendants did not have the same criminal power.

In this context, the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court Sentencing Committee against the Defendants is from June to June of each year, each of the fraud group, general fraud, type 1, special person (no person), the basic area, the scope of the recommended punishment (one month to June of each year), the main reasons for the suspension of execution (illegal: non-agreement), the scope of the suspended execution (illegal: non-agreement). In addition, in full view of the degree of the Defendants’ participation in the crime, age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the sentence of the court below is not recognized to be unfair because it is too uneasible.

3. The final appeal by the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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