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(영문) 대구지방법원 2013.06.28 2013노280
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.

2. The court below was sentenced to three years of imprisonment, one year of imprisonment, and one year of suspended execution of the same kind of crime (one billion won in total), two years of community service, one 120 hours of imprisonment, and two hours of suspended execution of the same crime. It is necessary to consider equity in the case where judgment was rendered simultaneously with each of the above cases; the victims were also engaged in real estate execution projects such as purchasing land; the victims were also aware of the fact that they were also engaged in real estate execution projects with the aim of gaining a high profit by making two times of investment money; the defendant was able to pay the investment money to the defendant's horse, and the defendant's environment and character, age, circumstances, and circumstances of the crime of this case are not recognized as being too unfair after considering the following circumstances.

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

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, “a final and conclusive judgment” of Section 1 of the judgment of the court below was finalized, and on May 20, 201, the Daegu District Court sentenced a two-year suspended sentence of imprisonment for a crime of fraud at the Daegu District Court on May 20, 201, to the effect that the said judgment became final and conclusive on May 28, 201.”

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