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(영문) 대전지방법원 2015.09.23 2015노971
사기
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, and one hundred and sixty hours of community service) that the court below sentenced against the defendant is unreasonable.

2. The fact that the amount of fraud is not a significant amount, and that the money is acquired by deception from five victims for a considerable period of time is disadvantageous to the defendant.

However, the fact that the defendant did not appeal after receiving the judgment of the court below, the error is against the defendant, the victim committed the crime of this case during the continuous transaction relationship with the victims, the damage was partially recovered, the victim J does not want the punishment of the defendant, and the fact that the defendant was the first offender who did not have any criminal power is favorable to the defendant.

In light of the above circumstances and other circumstances leading to the instant crime, including the circumstances and motive, the circumstances after the commission of the crime, the defendant's age, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the sentencing differently from the original judgment and the punishment, and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Commission [the scope of recommending punishment] general fraud in light of the basic area (one to four years for imprisonment), the basic area (one to five hundred million won) (one year for imprisonment) (one to four years for imprisonment) (one to five hundred million won) of the Sentencing Commission. Thus, the prosecutor's allegation of unfair sentencing is rejected.

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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