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(영문) 대구지방법원 2018.08.30 2018노1788

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court sentenced the above sentence by taking into account the favorable circumstances, such as the fact that the gains acquired by the Defendant through the instant crime constituted a total of KRW 460,000,00,000, which are unfavorable to the disadvantage of the victim, the agreement with the victims was reached, the fact that the Defendant recognizes and reflects all the crimes, and the fact that the equity should be considered with the case of being tried together with the crime of the first head prior to the judgment.

In addition to the circumstances taken into account by the court below, since R, which lent money to the defendant requires a high interest rate, the defendant bears an excessive obligation while paying the money, and the defendant committed each of the crimes of this case by these circumstances, and there are some circumstances to be taken into account as to the circumstances, and the defendant won the lawsuit for return of unjust benefits against R, and the defendant promises the victims to pay damages on the basis of the above consideration shall be taken into consideration in favor of the defendant.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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.