beta
(영문) 대구지방법원 2019.11.29 2019노3844

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized all of the crimes of this case and reflected, and this case is recognized that the defendant acquired 467,530,000 won in total over 43 times through the merchandise coupon discount sale, and that the actual acquired profit seems to be not much than the money obtained, each of which was agreed with three victims including the victim I with the largest amount of 289,50,000 won, and that the victim paid damages equivalent to 68,850,000 won to the victims, there was no criminal record exceeding the fine, and that he voluntarily surrenders voluntarily ceases to commit the crime of fraud.

However, it is also recognized that the victim is a majority of 19 persons, the amount of fraud is very large, the victim did not agree with 16 of the total number of 19 persons, and part of the victim wanted to punish the defendant, and the defendant has already been punished twice by a fine as a crime of fraud, and there is a criminal record who has been punished once by a fine as a crime of this crime.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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