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(영문) 대구지방법원 2016.08.26 2016노2643

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Although there are favorable circumstances such as the Defendant’s confession and confession of the instant crime, the Defendant had been subject to punishment nine times due to the same kind of crime. In particular, on September 27, 201, the Defendant committed the instant crime without being aware of the fact that the said judgment became final and conclusive on October 5, 201 and was under suspension of execution due to fraud, etc. on September 27, 201, in view of the following: (a) the deception of the instant crime; (b) other fraudulent acts committed by the Defendant with similar methods at the time of the instant crime; and (c) other acts committed by the Defendant at the time of the instant crime; (d) the nature of the relevant crime is not good; (d) the amount of damage does not exceed 60 million won; (e) the Defendant did not completely recover from the damage to the Defendant’s trial; (e) the period of punishment under the Supreme Court’s sentencing guidelines for the instant crime; (e) the Defendant did not appear to have been subject to punishment due to any changes in circumstances or circumstances after the instant crime.

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