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(영문) 대전지방법원 2015.05.21 2015노27
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., imprisonment with prison labor for one year and six months, Defendant B, C, and D: Each fine of ten million won) is too unfasible and unfair.

2. The fact that the victim of the instant crime is a majority of the victims of the instant crime, the defrauded is not a large amount, and that it seems that a large number of damage is not recovered is disadvantageous to the Defendants

However, the Defendants appears to have led to the confession of all the facts of the instant crime and reflect their depth. The Defendants appear to have clearly seen the Defendants’ social ties, and the Defendants’ social ties appears to have been actively involved in the instant crime. In full view of the Defendants’ age, character and conduct, environment, motive, means and consequence of the instant crime, as well as various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the instant crime, the lower court’s sentence is too unreasonable, and thus, the Prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed in entirety under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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