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(영문) 대구지방법원 2015.03.12 2014노1583
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below (two years of suspended execution and two hours of social service in one year of imprisonment) is too unhued.

2. The fact that the amount of defraudation caused by the instant crime is not significant, and that there is no recovery from damage to a significant portion of the amount of defraudation until now is disadvantageous to the Defendant.

On the other hand, the circumstances are favorable to the defendant, such as the fact that the defendant both recognizes the crime and commits a mistake against the defendant, the fact that the victim sought return of the construction cost and the payment of consolation money for the non-execution portion against the defendant, and the victim obtained the name of debt more than the amount acquired by the defendant by deceit, and that the defendant has no record of criminal punishment except for the second-time penalty due to the violation of the Road Traffic Act and the violation of the Establishment of Homeland Reserve Forces Act.

In full view of the aforementioned circumstances and various circumstances, including the Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances after committing a crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

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

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