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(영문) 대구지방법원 2018.03.29 2018노16

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months) on the summary of the grounds for appeal is too unreasonable.

2. The lower court sentenced the above punishment by taking into account the favorable circumstances such as the Defendant’s confession, taking into account the fact that the amount of the Defendant’s defraudation is more than KRW 170 million in total, and taking into account the fact that the crime of this case is serious, the victims wish to punish the Defendant’s severe punishment, and the fact that the Defendant has the power to commit the same kind of crime.

In full view of the fact that there is no change of circumstances in the sentencing of the lower court, other than the aforementioned unfavorable circumstances, in light of the Defendant’s age, sex, environment, circumstances leading to the Defendant’s crime, means and consequence, scale of the crime, and circumstances after the crime, the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.

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