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(영문) 대구지방법원 2015.09.17 2015노3002
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unhued and unreasonable.

2. Determination of the amount of damage in this case is a total of KRW 1.5 million, and the fact that a considerable amount of damage in this case is still not recovered from the damage, etc. is disadvantageous to the defendant.

On the other hand, all of the crimes of this case are recognized by the defendant, and they are against his mistake, the victim H and P have been agreed, the victim D deposited part of the amount of damage, and the defendant did not have any record of punishment for the same crime in addition to the punishment of fine around 2005.

Considering the above circumstances and the circumstances, which are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too unjustifiable 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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