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(영문) 대구지방법원 2015.09.09 2014노4955

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the court below is too unreasonable.

2. It is recognized that all the facts charged of this case are recognized by the defendant, that the defendant agreed with the victim at the court below, that this case is related to the final judgment as stated in the court below and the latter part of Article 37 of the Criminal Act, and therefore, it is necessary to consider equity with the case to be judged at the same time under Article 39 (1) of the Criminal Act. Meanwhile, the defendant has a significant record of punishment for the same crime of fraud. In particular, the defendant committed the crime of this case without being aware of the period of repeated crime, and in consideration of the above favorable circumstances for the defendant, the decision of the court below is deemed to have determined the punishment in consideration of the above favorable circumstances for the defendant, and it is not recognized that the sentence of the court below is too unreasonable, considering all the sentencing conditions specified in the records and arguments of this case such as the defendant's age, character and behavior

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.