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(영문) 대구지방법원 2016.12.16 2016노3496

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. It should be recognized that the defendant recognized the crime of this case and divided the wrong facts.

However, even though there is no intent or ability to pay the rice straw, the crime of this case is not a bad and not a few crimes in light of the motive, method of crime, etc., and the amount of the fraud is not a few.

The damage from the crime of this case was not recovered, and the defendant was punished for the same crime.

In addition, there is no particular change in sentencing conditions compared with the original judgment because new sentencing data is not submitted in the trial.

In addition, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.