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(영문) 대구지방법원 2019.09.26 2019노2010

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than 10 months) by the court below is too unreasonable.

2. The defendant's mistake is recognized and reflected in his judgment.

The defendant partially paid money to the victim as the repayment of the borrowed money.

However, the amount of damage caused by the instant crime exceeds KRW 110 million.

The victim may not be deemed to have actually recovered the damage solely on the basis of the Defendant’s repayment of the borrowed money from a savings bank, a lending company, etc.

The defendant did not agree with the victim, and the victim wanted to punish the defendant.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

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