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(영문) 대구지방법원 2021.03.05 2020노4399

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

(b) the Prosecutor’s above-mentioned sentence is too unhued and unreasonable;

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court: (a) appears to have committed a crime by which the Defendant was guilty; (b) the profits acquired by the Defendant ( approximately KRW 140,000) compared with the total amount of damage ( approximately KRW 1,40,000) appears not to be significant; (c) there is no history of the same crime; (d) there is no criminal history of the same crime; and (e) Bosing fraud is highly harmful to the society; (d) the crime was committed in a systematic, planned, and intelligent manner; and (e) even if there is a subordinate organization participating in part of the crime because it was difficult to arrest the entire organization, the lower court sentenced that the victim’s punishment is more than 13 billion won and less than the above injury.

In addition, even if the materials submitted in the trial of the party are considered, there is no meaningful change in the conditions of sentencing compared with the court below.

In addition, considering the Defendant’s age, sex, intelligence and environment, health and property status, family relation and social ties, degree of damage, relationship with the victim, motive, means and consequence of the crime, etc., the sentencing of the lower court does not seem to be unfair as it goes beyond the reasonable scope of discretion, or it is deemed unfair as it goes beyond the reasonable scope of discretion.

If so, the appeal by the defendant and the prosecutor is without merit and it is in accordance with Article 364, Paragraph 4 of the Criminal Procedure Act.