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(영문) 대구지방법원 2016.11.30 2016노3945

사기등

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the defendant, who made a confession of all crimes, has a misunderstanding of his or her mistake, and there is no history of punishment heavier than the fine.

However, even though the defendant has a history of punishment for the same crime, the amount of fraud exceeds 2.3 million won in total, the defendant paid 1.5 million won to the victim F, and 70 million won to the victim H, and the victim K, L, and Q paid part of the money in the name of interest, and most of the damage was not recovered except for the part of the money paid to the victim K, L, and Q, there is no change of circumstances that the court below and the punishment are different from the victim, and there is no change of circumstances that the court below and the punishment are determined differently, and the defendant's age, character and behavior, environment, motive, means and consequence of each of the crimes in this case, and the scope of recommended sentencing guidelines set by the Sentencing Committee of the Supreme Court after the crime is considered, the court below's punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

[However, in the judgment below, the "F" under Article 25 (1) 2 of the Regulations on Criminal Procedure is clear that the "victim N" under Article 25 (1) of the Regulations on Criminal Procedure is each clerical error of "N," and "victim" under Article 25 (1) of the Regulations on Criminal Procedure.